PRODUCT LIABILITY

Where products develop ever more rapidly, the law may face difficulties in responding accordingly to new security threats which may arise. In the field of product liability, an extraordinary need for legal development has thus been perceived, with legislators and judges feeling compelled to find new solutions and to look across borders for these. In the detailed reports in this book, the World Tort Law Society proves that it is in an ideal position to examine the most significant concepts. The report on North America studies the special regime for product liability from its origin in the case law of the US; the European report is centred around the EU Product Liability Directive with its merits and faults; and the influence of these two systems as well as new answers are shown in the reports on Asia, Russia and four key jurisdictions in the rest of the world. Similar questions are discussed worldwide: How can a strict liability regime for products be justified, and can it be justified in all cases? How does the special regime relate to general rules of tort law? Should services be subject to a similar regime? The Members of the Society seek to provoke thought for solutions to these pervasive problems. In this spirit, the volume's comparative conclusions invite discussion, and the book includes four responses to that call from eminent tort lawyers from different legal backgrounds.

Auteur

Helmut Koziol, Michael D. Green, Mark Lunney, Ken Oliphant, Lixin Yang, David Messner (editors)

Contenu

Preface
Questions for Discussion (Helmut Koziol)

Hypothetical Cases for Discussion (Ken Oliphant)

Introductory Lecture (Helmut Koziol)

Asia and Russia

• China (Yang Lixin/Yang Zhen)

• Japan (Yoshio Shiomi)

• Korea (So Jae-Seon/Song Jung-Eon)

• Macau (Tong Io Cheng/Leong Cheng Hang)

• Malaysia (Anisah Che Ngah/Sakina Shaik Ahmad Yusoff/Rahmah Ismail)

• Russia (Alexander Yagelnitskiy/Olesya Petrol)

• Taiwan (Cheng Jung Lung)

• Asian and Russian Comparative Report (Yang Lixin)

European Group Report (Willem van Boom/Jean-Sébastien Borghetti/Andreas Bloch Ehlers/Ernst Karner/Donal Nolan/Ken Oliphant/Alessandro Scarso/Vibe Ulfbeck/Wagner)

North American Group Report (Bruce Feldthusen/John C. P. Goldberg/Michael D. Green/Catherine M. Sharkey)

Report for the Rest of the World (Enrique Barros Bourie/ Anton Fagan/Mark Lunney/Ronen Perry)

Comparative Conclusions (Helmut Koziol)

Statements in Response to the Conclusions

• Statement from an Asian Perspective (Yang Lixin)

• Statement from a European Common Law Perspective (Ken Oliphant)

• Statement from a Continental European Perspective (Willem van Boom)

• Statement from the Perspective of the Rest of the World (Anton Fagan)