chapter four new的.pptVIP

Chapter Four The Law of Products Liability;4.1 Introduction;The European Economic Community Products Liability Directive 《欧共体产品责任指令》1998 Convention on Product Liability in Regard to Personal Injury and Death《关于造成人身伤害与死亡的产品责任欧洲公约》《斯特拉斯堡公约》 1977;Product Quality Law 《产品质量法》 Law Of The People’s Republic Of China On The Protection Of Consumer Rights And Interests 《中华人民共和国消费者权益保护法 》;4.1 Introduction--purpose;4.1 Introduction--definition; : any object possessing intrinsic value, capable of delivery either as an assembled whole or as a component part or parts, and produced for introduction into trade or commerce. Human tissue and organs, including human blood and its components, are excluded from this term.; :One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability….;4.1 Introduction--requirement;;4.2 Defective Product;Failure to warn Without sufficient instructions or warnings of the risks involved in the normal use of the product; A child wearing cotton-padded clothes was burnt when playing with a sparkling toy pistol without fire-retardant treatment. ;布兰登伯格诉丰田汽车销售美国分公司及丰田总公司案:A Toyota car on the expressway turned over and the top broke. The driver was thrown out of the car and died. ;case;case;case; A baby-sitter bought a cup of hot coffee for a five-year-old boy. She put the straw through the hole in the lid of the cup with a warning saying “小心热饮烫口，请勿用吸管”. The boy felt it hot and drop it. Then he was seriously scalded. ; Bush used his favorite pen with brand of “Sharpie” to write his signature on a small American flag and he was condemned to desecrate the American flag because he violated the American Flag Protection Act.; A 79-year-old woman went with her son to a McDonalds drive thru and ordered a cup of hot coffee with warning saying “Caution: hot!”. The woman, a passenger in the vehicle, put the coffee between her legs and was