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PRODUCT LIABILITY - Fundamental Questions in a Comparative Perspective (Hardcover)
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PRODUCT LIABILITY - Fundamental Questions in a Comparative Perspective (Hardcover)
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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.
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