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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Liability for Products - English Law, French Law, and European Harmonization (Hardcover)
Loot Price: R5,693
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Liability for Products - English Law, French Law, and European Harmonization (Hardcover)
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The EU has been active in attempting to harmonize the laws of
product liability and sale of goods to consumers, with the aim of
promoting fair competition, developing the internal market, and
protecting consumers. But how do the resulting laws relate to
existing national laws of liability and compensation? Is the
resulting harmonization genuine or merely formal? Has
implementation of the EC directives changed the law, but left
claimants and defendants as differently treated as ever in
different Member States? This comparative study considers the
French and English laws governing all those who may be liable for
products: their producers, their suppliers, their users and their
regulators. To do so, it examines in each system the private law of
tort and contract and aspects of the civil process which are
important in determining liability; the administrative law
concerning failures to regulate or control product safety; and the
liability for products of suppliers of public services, such as
water or healthcare. It considers how the substantive criminal
offences affecting product safety, whether particular to products
or under more general law, relate to civil liability or to
compensation. The emerging picture reveals two complex and
significantly different patterns of liability for products in the
English and French systems, cutting across the traditional
boundaries of private law, public law and criminal law.
Implementation of the Product Liability Directive and Consumer
Guarantees Directive required the insertion into these patterns of
new elements, disharmonious with existing wider legal strategies
and techniques. This study considers various problems of these
directives' implementation in the French and English systems, the
main issues of their proper interpretation, and the relationship of
the new laws which they create with existing bases of liability. It
explains the different significances given to 'fault,' 'negligence'
and 'defect' (whether of safety or of contractual conformity); the
relationship between judicial institutions and legal procedures in
the determination of substantive legal issues; and the different
relationships in the two laws studied between public and private,
civil and criminal law. It concludes by offering wider comments on
legal harmonisation based on the French and English experience in
relation to these two directives.
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