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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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A new edition is due, details can be seen here:
Product Liability 3rd ed isbn 9780199679232

Product Liability 2nd ed


ISBN13: 9780198256786
ISBN: 0198256787
New Edition ISBN: 9780199679232
Published: July 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £205.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Product Liability 2nd ed explains the circumstances in 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. The text contains detailed discussion of relevant aspects of the law of negligence and of the strict liability provisions of the Consumer Protection Act 1987 and the E.C.

Directive on liability for defective products on which the Act is based. In any such case, the defect may originate in the production process; be one of design; or be grounded on an alleged failure to issue an adequate warning or directions for safe use. Businesses are increasingly concerned with the public relations implications of such product defects and so this book provides all the necessary information for practitioners to achieve fast, effective solutions for their clients.

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.

This major text provides comprehensive coverage of the law as it has developed in the UK, and also contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. Readers will welcome this comparative approach which is complemented by a detailed and authoritative discussion of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws. A chapter with detailed coverage of the conflict of laws has been contributed by Professor Jonathan Harris, University of Birmingham.

New to this edition:-

  • Includes coverage of the strict liability provisions of the Consumer Protection Act 1987, and many other legislative changes including:-

    • the Unfair Contract Terms Act 1977;
    • the Sale of Goods Act 1979;
    • the Supply of Goods and Services Act 1982;
    • the Sale and Supply of Goods Act 1994;
    • and the Sale and Supply of Goods to Consumers Regulations 2002.

Subjects:
Consumer Law
Contents:
1. Introduction and Modern Historical Outline
PART I: LIABILITY IN CONTRACT AND FOR MISREPRESENTATIONS
2. Privity of Contract
3. Express Warranties and Misrepresentations
4. Implied terms as to Correspondence with Description, Satisfactory Quality and Fitness for Purpose
5. Remedies for Breach of the Implied Terms
6. Exemption Clauses and Unfair Contract Terms
PART II: STRICT LIABILITY IN TORT
7. Introduction to Strict Product Liability
8. Persons Subject to Strict Liability
9. Products Within the Strict Liability Regime
10. The Requirements of a Defect: Introductory Issues
11. Manufacturing or Production Defects and Design Defects
12. Defects in Warnings or Directions for Use
13. Statutory Defences to Liability
PART III: LIABILITY IN TORT FOR NEGLIGENCE
14. The Producer's Liability in Negligence
15. The Liability in Negligence of Persons Other than Producers
PART IV: LIABILITY IN TORT: ISSUES COMMON TO STRICT LIABILITY AND LIABILITY IN NEGLIGENCE
16. The Types of Damage or Loss Compensated
17. Causation, Remoteness of Damage and Defences
PART V - CONFLICT OF LAWS
18. Product Liability and the Conflict of Laws Professor Jonathan Harris, Birmingham University
PART VI: PRODUCT SAFETY AND THE CRIMINAL LAW
19. Provisions Covering General Product Safety
APPENDIX 1: EXTRACTS FROM CONSUMER PROTECTION ACT 1987
APPENDIX 2: COUNCIL DIRECTIVE 85/374/EEC ON THE APPROXIMATION OF THE LAWS, REGULATIONS, AND ADMINISTRATIVE POSITIONS OF THE MEMBER STATES CONCERNING LIABILITY FOR DEFECTIVE PRODUCTS
APPENDIX 3: COUNCIL DIRECTIVE 2001/95/EC ON GENERAL PRODUCT SAFETY;