Product Liability

Third Edition

Duncan Fairgrieve and Richard S Goldberg

The only book to provide comprehensive and authoritative coverage of all the major issues concerning product liability
Analysis of the legal requirements and responsibilities of product manufacturers and retailers allows practitioners to advise their clients on preventative measures and risk management before problems occur
Discusses the rights of those who are injured by defective products and the remedies available to them
Includes a detailed section on product liability and the conflict of laws to equip readers with the necessary tools to handle multiple jurisdiction cases which are becoming increasingly common
Takes into account the latest legislation and case-law from a variety of key jurisdictions, including the USA, Australia, New Zealand, Canada, France, and Germany
Product liability is an area of growing importance internationally and the comparative approach offered by this text will ensure that practitioners can operate with confidence when dealing with cases across a wide range of jurisdictions

New to this Edition:

Fully updated to address significant developments in product liability law, in Europe, North America, and the Commonwealth countries since 2004 and to take account of major ECJ decisions in the area
Improved transnational and international coverage supported by an enhanced comparative assessment between English law and the USA, Australia, New Zealand, and Canada
Extended coverage of causation and expert evidence
Practical, in-depth, analysis of private international law issues involving problems of jurisdiction, choice of law, and the enforcement of judgments

Product Liability

Third Edition

Duncan Fairgrieve and Richard S Goldberg

Description

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.

Product Liability

Third Edition

Duncan Fairgrieve and Richard S Goldberg

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

Product Liability

Third Edition

Duncan Fairgrieve and Richard S Goldberg

Author Information

Duncan Fairgrieve, Senior Fellow in Comparative Law, British Institute of International and Comparative Law, and Richard S Goldberg, Chair in Law, Durham University

Professor Duncan Fairgrieve is Senior Fellow in Comparative Law at the British Institute of International and Comparative Law, London, and Professor of Comparative Law at Université Paris Dauphine PSL. He is also a barrister practising from 1 Crown Office Row, London. Professor Richard Goldberg is Chair in Law at Durham Law School, Durham University.