Product Liability

Product Liability explains the circumstances in 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. The text contains detailed discussion of relevant aspects of the law of negligence and of the strict liability provisions of the Consumer Protection Act 1987 and the E.C. Directive on liability for defective products on which the Act is based. In any such case, the defect may originate in the production process; be one of design; or be grounded on an alleged failure to issue an adequate warning or directions for safe use. Businesses are increasingly concerned with the public relations implications of such product defects and so this book provides all the necessary information for practitioners to achieve fast, effective solutions for their clients. 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. This major text provides comprehensive coverage of the law as it has developed in the UK, and also contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. Readers will welcome this comparative approach which is complemented by a detailed and authoritative discussion of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws. A chapter with detailed coverage of the conflict of laws has been contributed by Professor Jonathan Harris, University of Birmingham.

1. Introduction and Modern Historical Outline ; PART I - LIABILITY IN CONTRACT AND FOR MISREPRESENTATIONS ; 2. Privity of Contract ; 3. Express Warranties and Misrepresentations ; 4. Implied terms as to Correspondence with Description, Satisfactory Quality and Fitness for Purpose ; 5. Remedies for Breach of the Implied Terms ; 6. Exemption Clauses and Unfair Contract Terms ; PART II - STRICT LIABILITY IN TORT ; 7. Introduction to Strict Product Liability ; 8. Persons Subject to Strict Liability ; 9. Products Within the Strict Liability Regime ; 10. The Requirements of a Defect: Introductory Issues ; 11. Manufacturing or Production Defects and Design Defects ; 12. Defects in Warnings or Directions for Use ; 13. Statutory Defences to Liability ; PART III - LIABILITY IN TORT FOR NEGLIGENCE ; 14. The Producer's Liability in Negligence ; 15. The Liability in Negligence of Persons Other than Producers ; PART IV - LIABILITY IN TORT: ISSUES COMMON TO STRICT LIABILITY AND LIABILITY IN NEGLIGENCE ; 16. The Types of Damage or Loss Compensated ; 17. Causation, Remoteness of Damage and Defences ; PART V - CONFLICT OF LAWS ; 18. Product Liability and the Conflict of Laws - Professor Jonathan Harris, Birmingham University ; PART VI - PRODUCT SAFETY AND THE CRIMINAL LAW ; 19. Provisions Covering General Product Safety ; APPENDIX 1 - EXTRACTS FROM CONSUMER PROTECTION ACT 1987 ; APPENDIX 2 - COUNCIL DIRECTIVE 85/374/EEC ON THE APPROXIMATION OF THE LAWS, REGULATIONS, AND ADMINISTRATIVE POSITIONS OF THE MEMBER STATES CONCERNING LIABILITY FOR DEFECTIVE PRODUCTS ; APPENDIX 3 - COUNCIL DIRECTIVE 2001/95/EC ON GENERAL PRODUCT SAFETY