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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Product Safety and Liability Law in Japan: From Minamata to Mad Cows

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Luke NottageUniversity of Sydney, Australia

ISBN13: 9780415296854
ISBN: 0415296854
Published: January 2004
Publisher: Taylor & Francis
Country of Publication: UK
Format: Hardback
Price: £110.00
Paperback edition , ISBN13 9780415653961

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This book reassesses Japanese product liability law and practice, and broader trends in product safety, in historical and global context. It contests the 'culturalist' view that Japan remains in the thrall of weak legal consciousness and consumerism, by comparing developments not only in the United States, but also Europe and Australia. The still-birth of product liability in the early 1970s, in the wake of environmental disasters in Minamata and mass litigation regarding defectives products, is contrasted with its re-birth from the late 1980s, prompted partly be deregulation. Product liability law in Japan, especially legislation enacted in 1994, is then compared with the law in the European Union, Australia and the United States, rejecting the view that the former is distinctly more 'anti-consumer'. The pervasive impact of this re-birth and the legislation over the 1990s is gauged by analysing patterns of litigation, forms of alternative dispute resolution, other responses by companies and consumers, and various case studies, the latter include incidents involving defective foodstuffs, particularly during the 'summer of eating dangerously' in mid-2000, and Japan's outbreak of mad

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List of illustrations Preface Acknowledgements Abbreviations 1. 'Re-orienting' Japan and its law 2. The still-birth and re-birth of product liability in Japan 3. Comparing the PL Law with other 'strict liability' regimes in Europe, Australia and the US 4. The PL Law in action 5. The future of PL in Japan: reformulations, reform and re-regulation Appendices Notes Bibliography Index