Product Liability

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Cambridge University Press, Feb 1, 1994 - Law - 384 pages
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Part 1 of the Consumer Protection Act 1987 implemented an EEC Directive which created the most important new statutory liability in the post-war era in the UK. The author takes this development as her starting point in an investigation into the nature of product liability and beyond, into a consideration of important general topics in civil liability today. The first part of the book deals with the doctrinal history of the new Act, then goes on to consider the larger picture, viz. the impact of EC membership on the legislative freedom of Member States, and the contrasting dynamics of US civil liability. Part 2 evaluates the usefulness of abstract theories of civil liability from the perspective of a tort lawyer concerned with detailed legal rules; part 3 analyses where and why instability may arise in legal regimes of limited scope and in broader liabilities such as negligence.
 

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Contents

Product liability law reform
3
Evolution of product liability doctrine in the US
9
Evolution of UK product liability doctrine and
37
Lessons and limits of the US experience
66
Liability as an economic strategy
90
Critique of wealth maximization
118
Noneconomic theories of liability
163
A new theory of strict moral enterprise liability
185
Gaps in the theoretical basis of the Directive
218
Thedefectrequirement
233
Relatively stable boundaries
275
Specific sources of instability
303
Some conclusions
341
The European Communities Directive
360
Index
375
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