An authoritative, in-depth study of issues in products liability litigation, this comprehensive treatise traces the law of products liability from its roots in contract and tort to its development into the challenging, complex modern law of the subject. Practically organized and clearly written, the treatise provides detailed descriptions of case law governing:* what constitutes a product* a general definition of products, followed by an in-depth examination of various types of product defects* firms in the chain of distribution that can be liable for a product defect* who in the consumer chain can make a claim for damages* defenses involving consumer conduct * general principles of proof and causation applicable to this area of law* punitive damages * the procedural and remedial concepts that surround the substantive law. Trial lawyers in products liability cases, corporate counsel for firms that manufacture or sell products, and casualty insurance firms will find this treatise a crucial resource in formulating litigation strategies. Its clear and fact-based approach makes it a valuable addition to court libraries, law school libraries, and courses in torts and products liability.
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.
United States. Congress. Senate. Committee on Commerce, Science, and Transportation. Subcommittee for Consumers
Hearing Before the Committee on the Judiciary, United States Senate, One Hundred First Congress, Second Session, on S. 1400, a Bill to Regulate Interstate Commerce by Providing for a Uniform Product Liablity Law ... July 31, 1990
Author: United States. Congress. Senate. Committee on the Judiciary
This reference compiles a broad spectrum of perspectives from specialists in academic, governmental, and industrial research settings to demonstrate the influence of biochemistry and biotechnological applications on functional food developments. Focusing on topics not covered in depth in other texts on the subject, the book analyzes the nutritional and physiological benefits of functional foods, the effect and development of active ingredients in functional foods, and consumer and regulatory issues that will influence biotechnological advancements in the food industry. It also Illustrates the expanding role of functional foods and nutraceuticals in the promotion of human health.
Featuring both classic and modern dramatic cases, the third edition of Tort and Injury Law includes provocative problems and pithy topic outlines. The cases, selected for intrinsic interest and teachability, are interspersed with materials on law and economics, behavioral data, and legal philosophy. Shapo and Peltz constantly employ motifs that introduce basic techniques of judicial analysis and modes of judicial administration. They deftly convey the the human drama of courtroom trials by strategically weaving transcript excerpts throughout the text. The new edition contains focused presentation of modern controversies in law and policy, including: products liability; scientific proof; informed consent; and a stimulating collection of classic and contemporary materials on compensation plans, including the September 11th Victims' Compensation Fund.The section on duty and proximate cause, chock-full of interesting cases, presents a flexible framework for a variety of approaches to the topic. In addition, stimulating materials on medical malpractice appear in several sections of the book. Another highlight of the book is its materials on current problems in toxic torts, including issues of scientific proof. Tort and Injury Law presents many opportunities for selection to suit the preferences of a wide range of torts teachers. After building a backbone for the book out of fundamental concepts pivotal to the beginning lawyer, Shapo and Peltz weave threads of law and economics, moral philosophy, and feminist jurisprudence around that spine. The comprehensive teacher's manual contains up-to-date references for case law, scholarly articles and The Third Restatement. Besides providing professors with a variety of course-planning materials, the teacher's manual also contains a large number of exam problems.
Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald’s when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely. In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why? Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.
This hornbook delves into the expanding field of products liability law. It focuses on the major issues of products liability law, addressing them in a clear, comprehensive manner. The book starts out with introductory discussions on the nature and history of the law in the USA and abroad. It proceeds with detailed inquiries into the theories of liability, product defectiveness, causation and defences. The book ends with a focus on selected issues.
Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.
An Injury Law Constitution presents a novel thesis that embraces leading features of the American law of injuries. The book argues that the body of law that Americans have developed concerning responsibility for injuries and prevention of injuries has some of the qualities of a constitution - a fundamental set of principles that govern relations between human persons and between individual persons and corporate and governmental institutions. This 'injury law constitution' includes tort law, legislative compensation systems like workers compensation, and the many statutes that regulate safety of activities and products including drugs, medical devices, automobile design, and pesticides. Professor Shapo's analysis, into which he weaves the history of these systems of law, is then linked to the unique compensation plan devised for the victims of the September 11th attacks. Professor Shapo writes about how our injury law reflects deeply held views in American society on risk and injury, indicating how the injury law constitution is a guide to the question of what it means to be an American. Setting aside easy academic formulas, An Injury Law Constitution captures the reality of how people respond to injury risks in functional contexts involving diverse activities and products.
American Bar Association. Special Committee on the Tort Liability System
The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law.
This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.