Chapter 4 Product Liabilty Law课件.pptVIP

Product Liability;Tort;The Development Procedure of Product Liability;Product Liability based on Negligence;Product Liability based on Misrepresentation;Product Defect;Defenses to Product Liability;Damages;Product Liability Law of the European Union;1.Product---Article 2 Directive 85/374/EEC on July 25, 1985; Primary agricultural products include the product of soil, of stock-farming and of fisheries, excluding products which have undergone initial processing. “Initial processing” means a processing of an industrial nature (industrial processing). In short, the products in Directive 1985 exclude the immovables and the natural agricultural products.;Article 1 of Directive 1999/34/EC;2. Defect--- Article 6 Directive 85/374/EEC ;3. Persons Liable;;;;4.Basis of liability;5.Lapse or Mitigation of Liability;(d) that the defect is due to compliance of the product with mandatory regulations issued by the public authorities; or (e) that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered; or (f) in the case of a manufacturer of a component, that the defect is attributable to the design of the product in which the component has been fitted or to the instructions given by the manufacturer of the product. ;Directive on General Product Safety;;safe product;(i) the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, for installation and maintenance; (ii) the effect on other products, where it is reasonably foreseeable that it will be used with other products; (iii) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product; (iv) the categories of consumers at risk when using the product, in particular children and the elderly.;;Producer;;distributor;Obligations of