法律英语词汇“product liability”的翻译、意思、用法、释义-法律词典

单词

product liability

释义

product liability

product liability liability in TORT or DELICT in respect of produce.

Essentially an application of the law of tort although the term can be used to cover liability under sale and supply of goods. Although

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product liability

there is now a Europe-wide regime of strict liability, the foundation of this head of liability in tort or delict was rooted in the case of Donoghue v. Stevenson 1932 SC (HL) 31, now important for its princi- pled approach to negligence generally. However, the narrow ratio of that case was the issue at the time the case was decided and explained its early importance, extending as it did the liability of manufacturers. The narrow ratio is apparent from Lord Atkin's dic- tum: 'a manufacturer of products, which he sells in such a form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of inter- mediate examination, and with the knowledge that the absence of reasonable care in the preparation or putting up of the products will result in an injury to the consumer's life or property, owes a duty to the consumer to take that reasonable care.' The maxim RES IPSA LOQUITUR made it much easier for pursuers to recover compensation, but a combination of consumer pressure in the late 20th century and the need for HARMONISATION OF LAWS in the EUROPEAN UNION has resulted in a Europe-wide regime of strict liability that focuses upon defects in products, the liability being primarily upon PRODUCERS of products. In the UK, the directive was implemented by the Consumer Protection Act 1987. The defences limit the general rule considerably. It is crucial to know the defences as they affect the scope of liability significantly. They are:

(1) compliance with any requirement imposed by or under any

enactment or with any co mmunity obligation;

(2) the defender did not supply;

(3) non-commercial supply does not attract liability, but this does not include a commercial supplier who gives his product away as a trial;

(4) it is a defence if the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question might be expected to have discovered the defect if it had existed in his products while they were under his control. This is often known as the development risks' defence. The European Union is currently reviewing this defence as part of an overall review;

(5) the component manufacturer is allowed to show that the defect was a defect in a product in which the defender's product is com- prised. This is a defence only if the defect is wholly attributable to

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production of documents

the design of the subsequent product or to compliance by the defender with instructions given by the final producer;

(6) CONTRIBUTORY NEGLIGENCE is recognised.

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