European Product Liability

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European Product Liability

Author : Piotr Machnikowski
Publisher :
ISBN 13 : 9781780683980
Total Pages : 0 pages
Book Rating : 4.6/5 (839 download)

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Book Synopsis European Product Liability by : Piotr Machnikowski

Download or read book European Product Liability written by Piotr Machnikowski and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty years after the entry into force of the Directive on liability for defective products (Council Directive 85/374/EEC), and in the light of the threat to user safety posed by consumer goods that make use of new technologies, it is essential to assess and determine whether the Directive remains an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users. This book is the result of an extensive international research project funded by the Polish National Science Centre. Individual country reports analyze the implementation of the Directive in the domestic law of several EU and EEA Member States (namely Austria, Czech Republic, Denmark, England, France, Germany, Italy, Netherlands, Norway, Poland, Spain, and Switzerland) and the relationship of the implemented rules with the already existing rules of tort law. The country reports show that the practical significance of product liability differs widely in the various Member States. Also taking into account non-EU countries (Canada, Israel, South Africa and the USA), this book examines whether EU law will ensure sufficient safety for individuals using goods that have been produced using new technologies that are currently under development. This, as well as an economic analysis of product liability, makes the book valuable for academics, practitioners, policy makers, and all those interested in the subject. (Series: Principles of European Tort Law) Subject: Tort Law, Private Law]

European Product Liability

Author : Piotr Machnikowski
Publisher :
ISBN 13 : 9781780685243
Total Pages : 705 pages
Book Rating : 4.6/5 (852 download)

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Book Synopsis European Product Liability by : Piotr Machnikowski

Download or read book European Product Liability written by Piotr Machnikowski and published by . This book was released on 2014 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Product Liability Law in Transition

Author : Magdalena Tulibacka
Publisher : Routledge
ISBN 13 : 1317075390
Total Pages : 294 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Product Liability Law in Transition by : Magdalena Tulibacka

Download or read book Product Liability Law in Transition written by Magdalena Tulibacka and published by Routledge. This book was released on 2016-04-08 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.

Product Liability:Prevention, Practice and Process in Europe and the United States

Author : Rudolph Hulsenbek
Publisher : Springer
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Product Liability:Prevention, Practice and Process in Europe and the United States by : Rudolph Hulsenbek

Download or read book Product Liability:Prevention, Practice and Process in Europe and the United States written by Rudolph Hulsenbek and published by Springer. This book was released on 1989 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Product Liability

Author : Kelly
Publisher : Bloomsbury Professional
ISBN 13 : 9781845925840
Total Pages : 754 pages
Book Rating : 4.9/5 (258 download)

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Book Synopsis European Product Liability by : Kelly

Download or read book European Product Liability written by Kelly and published by Bloomsbury Professional. This book was released on 1997-12-01 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a useful overview of producer liability for defective goods throughout Europe. It is designed for both lawyers and businessmen as a practical guide and is written from the manufacturer's rather than the claimant's standpoint. Leading practitioners contribute individual chapters on the national laws in: Austria; Belgium; Denmark; Finland; France; Germany; Greece; Ireland; Italy; Luxembourg; the Netherlands; Norway; Portugal; Spain; Sweden; Switzerland; and the United Kingdom. Each chapter includes: an overview of the law relating to defective products; liability in contract, tort and for breach of statutory duty; special liabilities arising in respect of particular producers; how the EC Product Liability Directive has been implemented and its impact on existing law and risk management and the implementation (or otherwise) of the Directive relating to general supply of consumer products (92/59/EEC). It also covers the EC Product Safety Directive and other safety related directives."

Product Liability

Author : Duncan Fairgrieve
Publisher : Oxford University Press
ISBN 13 : 0191669946
Total Pages : 1112 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Product Liability by : Duncan Fairgrieve

Download or read book Product Liability written by Duncan Fairgrieve and published by Oxford University Press. This book was released on 2020-05-20 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

Guide to Product Liability

Author : William Hoffman
Publisher : Springer
ISBN 13 : 9789065448507
Total Pages : 0 pages
Book Rating : 4.4/5 (485 download)

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Book Synopsis Guide to Product Liability by : William Hoffman

Download or read book Guide to Product Liability written by William Hoffman and published by Springer. This book was released on 1994-10-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An important step towards European legislation pertaining to product liability is the EU Directive of 25 July 1985 or the Council Directive on the Approximation of the Laws, Regulations, and Administrative Provisions of the Member States concerning Liability for Defective Products. While its significance cannot be denied in the pressure it places upon European governments: to enact product liability laws, it still leaves room for diverging domestic interpretations and postponement of genuinely effective legislation by the individual Member States.

Product Liability in Comparative Perspective

Author : Duncan Fairgrieve
Publisher : Cambridge University Press
ISBN 13 : 9781139448031
Total Pages : 392 pages
Book Rating : 4.4/5 (48 download)

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Book Synopsis Product Liability in Comparative Perspective by : Duncan Fairgrieve

Download or read book Product Liability in Comparative Perspective written by Duncan Fairgrieve and published by Cambridge University Press. This book was released on 2005-10-27 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law of product liability from a comparative perspective. With the European Directive on Product Liability enacted over 20 years ago, this publication analyses the state of product liability in a number of key jurisdictions including both Western European countries and New Member States. Account is also taken of developments further afield, including the United States and Japan. Distinguished contributors, including a high court judge, European Commission official, leading litigators and academics, provide individual country reports and a number of integrated comparative studies. The book is designed for practical use by legal practitioners, academics, students and others interested in the area of contract, tort, civil procedure and multi-party litigation. In particular, practitioners will find the country reports an essential reference point.

Product Liability

Author : Christopher J. S. Hodges
Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Product Liability by : Christopher J. S. Hodges

Download or read book Product Liability written by Christopher J. S. Hodges and published by . This book was released on 1993 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enforcement of the Product Liability Directive 85/374 has applied a uniform system of strict liability to producers within the EC in addition to the pre-existing fault liability systems. Other countries in Europe are also changing their national laws to bring them into line with the Directive, thereby promoting trade in Europe.

European Intermediary Liability in Copyright: A Tort-Based Analysis

Author : Christina Angelopoulos
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168419
Total Pages : 594 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Intermediary Liability in Copyright: A Tort-Based Analysis by : Christina Angelopoulos

Download or read book European Intermediary Liability in Copyright: A Tort-Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.

International Product Liability [2007]

Author : Christian Campbell
Publisher : Lulu.com
ISBN 13 : 1435702255
Total Pages : 568 pages
Book Rating : 4.4/5 (357 download)

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Book Synopsis International Product Liability [2007] by : Christian Campbell

Download or read book International Product Liability [2007] written by Christian Campbell and published by Lulu.com. This book was released on 2007-10-29 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: "International Product Liability", 2007 edition, with nearly 600 pages, offers contributions from 18 jurisdictions in Australasia, Europe, and North America. Expert practitioners clearly set out the liabilities and obligations of manufacturers, the defenses to and limitations of their liability, and the role of product liability insurance in international trade. The publication is replaced by updated volumes annually. Purchase of print version includes CD version and 24/7 online access. A 10% discount applies to a subscription for next year's update. A 25% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.

Tendencies in Product Liability in Europe and America

Author : Wilhelm Zeller
Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Tendencies in Product Liability in Europe and America by : Wilhelm Zeller

Download or read book Tendencies in Product Liability in Europe and America written by Wilhelm Zeller and published by . This book was released on 1981 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

EU Product Compliance, Safety and Liability

Author : Sebastian Polly
Publisher : Beuth Verlag GmbH
ISBN 13 : 9783410242475
Total Pages : 220 pages
Book Rating : 4.2/5 (424 download)

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Book Synopsis EU Product Compliance, Safety and Liability by : Sebastian Polly

Download or read book EU Product Compliance, Safety and Liability written by Sebastian Polly and published by Beuth Verlag GmbH. This book was released on 2015-06 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dieser englischsprachige Leitfaden erläutert Fragen der Produkthaftung und Produktsicherheit auf dem europäischen Markt. Das Buch gibt zunächst eine Übersicht der juristischen Hintergründe, die sich an Nicht-Juristen richtet. Im zweiten Teil werden Maßnahmen beschrieben, die die potentielle Produkthaftung verringern können. Teil 3 beschreibt die Möglichkeiten einer effektiven Krisenbewältigung. Alle Fakten werden am Beispiel der Autoindustrie verdeutlicht. Die hier vorgestellten Ansätze für den eigenen Umgang mit Fragen der Produkthaftung können aber auch in anderen Branchen angewendet werden.

EU Consumer Law and Policy

Author : Stephen Weatherill
Publisher : Edward Elgar Publishing
ISBN 13 : 0857936980
Total Pages : 351 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis EU Consumer Law and Policy by : Stephen Weatherill

Download or read book EU Consumer Law and Policy written by Stephen Weatherill and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: As a whole, Stephen Weatherill crafts a detailed and wonderfully rich consideration of this dynamic issue and is a resource which practitioners in this area could ill do without. Weatherills thorough and thoughtful insights with regard to these issues provide an important basis for understanding the complexities and vagaries of market integration in the EU Community. Peter G. Fitzgerald, Canadian Law Library Review Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject. Paul Craig, St Johns College, Oxford, UK This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework. Grainne de Burca, European University Institute, Italy This new edition of Stephen Weatherills acclaimed book provides a comprehensive introduction to all facets of the EUs involvement in consumer law and policy. Consumers are expected to benefit from the EUs project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EUs consumer law and policy is an attempt to have the best of both worlds a liberalised yet properly regulated trading space for Europe This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation symbiosis or disruption? A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practising lawyers with an interest in EU trade law or indeed European law more generally.

Medicinal Product Liability and Regulation

Author : Richard Goldberg
Publisher : A&C Black
ISBN 13 : 1782251545
Total Pages : 272 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Medicinal Product Liability and Regulation by : Richard Goldberg

Download or read book Medicinal Product Liability and Regulation written by Richard Goldberg and published by A&C Black. This book was released on 2014-07-18 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The piecemeal developments in product liability reform in Europe have their origins in the tragic association of phocomelia in children with thalidomide in 1962. In many ways these events have continued to generate pressure for reform of product liability, especially for the victims of drug-induced injury. This monograph attempts to address the major problems that typify claims for drug-induced injury, as well as highlighting the complex interrelationship between liability exposure and drug regulation. While medicinal products are subject to strict liability under the product liability directive, the claimant may have considerable difficulty in establishing that the relevant product is defective and that it caused the damage. It may also be necessary to overcome the development risk defence where this is pleaded. The monograph addresses these problems on a comparative jurisprudential basis, and seeks to determine whether medicinal products should be treated as a special case in the field of product liability. It examines the role of epidemiological evidence in assessing causation in product liability cases concerning medicinal products in the light of recent developments in the UK Supreme Court, the United States, Canada and France. In particular, it addresses the difficulties in reconciling the standards of proof in law and science, including the theory that causation can be proved on the balance of probabilities by reference to the doubling of risk of injury. An important case study compares and contrasts the approaches of the UK and the US to the measles, mumps, rubella Litigation. The book also examines the question as to whether compliance with regulatory standards should protect pharmaceutical manufacturers from product liability suits. It seeks to support a via media whereby the victims of drug induced injury can receive justice, while at the same time encouraging drug safety and innovation in drug development.

The Law of the European Union and the European Communities

Author : Pieter Jan Kuijper
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1456 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

Comparative Product Liability

Author : Geraint G. Howells
Publisher : Aldershot, England : Dartmouth
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Comparative Product Liability by : Geraint G. Howells

Download or read book Comparative Product Liability written by Geraint G. Howells and published by Aldershot, England : Dartmouth. This book was released on 1993 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a grounding in the principles of product liability and examines how they have been tackled by different legal systems. In particular the author looks at European developments against the background of, for example, the United States, where the concern to protect consumers of defective products has led to something of a products liability crisis - large damage awards plus strict liability have meant that it is difficult for some industries to obtain insurance - and New Zealand, where a no fault compensation scheme operates. The book provides an understanding of the process by which European laws are harmonized, by analyzing the European Directive on Product Liability - and assesses how effective the measures taken have been in the European Community and elsewhere.