The Law Of Product Liability

Author by : Andrew Grubb
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 95
Total Download : 814
File Size : 46,7 Mb
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Product Liability

Author by : Helmut Koziol
Languange : en
Publisher by : Walter de Gruyter GmbH & Co KG
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 707
File Size : 44,6 Mb
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Description : Where products develop ever more rapidly, the law may face difficulties in responding accordingly to new security threats which may arise. In the field of product liability, an extraordinary need for legal development has thus been perceived, with legislators and judges feeling compelled to find new solutions and to look across borders for these. In the detailed reports in this book, the World Tort Law Society proves that it is in an ideal position to examine the most significant concepts. The report on North America studies the special regime for product liability from its origin in the case law of the US; the European report is centred around the EU Product Liability Directive with its merits and faults; and the influence of these two systems as well as new answers are shown in the reports on Asia, Russia and four key jurisdictions in the rest of the world. Similar questions are discussed worldwide: How can a strict liability regime for products be justified, and can it be justified in all cases? How does the special regime relate to general rules of tort law? Should services be subject to a similar regime? The Members of the Society seek to provoke thought for solutions to these pervasive problems. In this spirit, the volume’s comparative conclusions invite discussion, and the book includes four responses to that call from eminent tort lawyers from different legal backgrounds.


The Law Of Products Liability

Author by : Marshall S. Shapo
Languange : en
Publisher by : Warren Gorham & Lamont
Format Available : PDF, ePub, Mobi
Total Read : 25
Total Download : 449
File Size : 52,6 Mb
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Product Liability

Author by : Jane Stapleton
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 982
File Size : 44,8 Mb
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Description : An erudite and provocative work, Stapleton: Product Liability will be of keen interest to students and teachers on courses in tort, product liability, consumer law, EC law and the philosophical foundations of the common law.


The Law Of Products Liability

Author by : Anonim
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 18
Total Download : 232
File Size : 46,5 Mb
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Shapo On The Law Of Products Liability

Author by : Marshall S. Shapo
Languange : en
Publisher by : Wolters Kluwer
Format Available : PDF, ePub, Mobi
Total Read : 53
Total Download : 408
File Size : 49,9 Mb
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Description : A proliferation of lawsuits involving sport utility vehicles, defective tires, medical devices and drugs, and asbestos abounds. Public attention to products liability cases is at an all-time high, and awards routinely run into the millions of dollars. When developing a strategy in this high stakes world, attorneys can't afford to have anything other than the best information and insight into this evolving area of law. Lawyers need practical tools to assess a products liability case's potential and build their approach, and Shapo on the Law of Products Liability provides the tools to give you the winning edge. Through a holistic analysis of the law and its principal developments as witnessed in hundreds of cases, this treatise gives litigators a wide variety of perspectives on potential strategies, and the tools to support those strategies with persuasive arguments. This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and reap the greatest reward for your clients Find the tools and information to support strategies with persuasive arguments Both federal and state courts contribute a rich mix of decisions to products liability law, which covers both consumer products and occupational hazards. This indispensable resource for the products liability practitioner helps you prepare your case. Is the product defective? Who is liable? What is the manufacturer's responsibility? Who can be sued? What kind of awards may be realized? How might this be defended? Shapo on the Law of Products Liability also includes coverage of: Asbestos litigation Chinese drywall Food and drug Medical devices Design/manufacturing defects claims Punitive damages Discovery rule Up to date analysis and commentary History and background on products liability law Damages Advertising material Packaging Marshall S. Shapo, the Frederic P. Vose Professor at Northwestern University School of Law, is a nationally recognized authority on torts and products liability law.


Product Liability

Author by : Warren Freedman
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 47
Total Download : 438
File Size : 43,9 Mb
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Description : This text discusses the law concerning unsafe products, bringing together the products liability expertise of lawyers & legal scholars from more than 20 countries & the European Economic Community. The material is presented on a country-by-country basis. Some of the countries included are: Argentina, Austria, Belgium, Canada, Egypt, Finland, France & Israel.


Product Liability

Author by : Christopher J. Wright
Languange : en
Publisher by : Blackstone Press
Format Available : PDF, ePub, Mobi
Total Read : 73
Total Download : 616
File Size : 44,5 Mb
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Description : This book sets out the current law in the UK and provides practical advice on methods of reducing the risk of marketing a defective product, of defending claims when they arise and of effective risk management.


Shapo On The Law Of Products Liability Roles Of Sellers And Providers

Author by : Marshall S. Shapo
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 96
Total Download : 551
File Size : 42,5 Mb
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Description : 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.--


The Law Of Products Liability

Author by : Marshall S. Shapo
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 23
Total Download : 393
File Size : 46,8 Mb
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Understanding Products Liability Law

Author by : Bruce L. Ottley
Languange : en
Publisher by : LexisNexis
Format Available : PDF, ePub, Mobi
Total Read : 96
Total Download : 898
File Size : 49,9 Mb
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Description : This concise and comprehensive Understanding treatise is designed to complement any products liability casebook. Part I consists of an overview of the complex body of products liability caselaw and statutes that has developed over the past century. The chapters follow a functional approach and begin with the four theories that are the foundation of all products liability cases: warranty, misrepresentation, negligence, and strict liability. Separate chapters in Part I then examine the principle types of product defects (design, manufacturing, and failure to warn) and some of the problems involved with proving that the product was defective and that the defect was the cause of the injury. Finally chapters focus on the various defenses available in a products liability action and the types of damages that a plaintiff may seek. An understanding of products liability law also requires an examination of the issues involved in the prosecution or defense of a products liability case. Part II addresses a range of those issues, including researching the case; drafting the complaint; interrogatories and requests to admit facts; requests for the production of documents; discovery and evidence depositions; protective orders; and discovery enforcement.


Products Liability Law

Author by : Mark Geistfeld
Languange : en
Publisher by : Wolters Kluwer Law & Business
Format Available : PDF, ePub, Mobi
Total Read : 66
Total Download : 994
File Size : 46,9 Mb
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Description : Products Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: A dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition Retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments A reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests Comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test A new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects Reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases Professors and students will benefit from: Classroom-tested materials taught for over 20 years by an award-winning professor Interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes Each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.


Product Liability

Author by : Duncan Fairgrieve
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 87
Total Download : 644
File Size : 44,7 Mb
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Description : 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.


Products Liability Law

Author by : David G. Owen
Languange : en
Publisher by : West Group
Format Available : PDF, ePub, Mobi
Total Read : 51
Total Download : 180
File Size : 48,5 Mb
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Description : 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.


Shapo On The Law Of Products Liability Theories Of Liability In Conflict

Author by : Marshall S. Shapo
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 85
Total Download : 200
File Size : 45,8 Mb
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Description : 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.--


International Product Law Manual 2012

Author by : Prashant Popat
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 553
File Size : 46,8 Mb
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Description : This is the first and only and‘one-stop shopand’ for lawyers that offers the necessary practical information relating to liabilities in connection with products in the major jurisdictions where the law of product liability is most fully developed and therefore influential worldwide. Thirty-three expert authors with wide-ranging knowledge of product liability law and– including litigation experience in a variety of jurisdictions and– clearly define the law in relation to liabilities and responsibilities arising in connection with a potentially and‘defectiveand’ product, and describe what steps to take when handling such a case. To the three jurisdictions universally recognized as the and‘trendsettersand’ in the area of product liability and– the European Union, the United States, and Australia and– is added China, as its emerging industrial influence on the rest of the trading world and its nascent product liability laws make it essential to consider. Opening with summaries of the law in each of these four jurisdictions (plus Canada), the work proceeds to examine such aspects of product liability law as the following: differences in each jurisdiction among the key practice areas of contract, tort, statute, and regulation; the leading case law underpinning the principles in play in each jurisdiction; the legal implications and demands of product recalls; product liability insurance from legal and industry perspectives; forum shopping; and product risk management. Topics demonstrating the application of the law in practice provide an understanding of how the product liability systems of the jurisdictions covered actually work. In sum, this is an incomparable practitionerand’s guide to essential elements of the laws of product liability, primarily in Europe, North America, and China, but which will be useful virtually anywhere in the world. For product liability specialists this book will occupy an essential place among their resources. For most lawyers, who will be involved in product liability issues of one type or another at some stage in their career, this book will provide the essential quick groundwork whenever occasion arises. Among the many sophisticated academic works, comparative analyses across jurisdictions, and countless commentaries on the law of individual jurisdictions, this book is unique in its direct practical usefulness.


Products Liability Law

Author by : Tim Kaye
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 15
Total Download : 800
File Size : 55,5 Mb
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Description : Products liability law is often confusing because it is in a state of constant flux as it confronts a number of challenges. Some such challenges are well known, such as the battle over the comparative merits of the Second and Third Restatements of Torts. Other, equally important challenges have, however, been overlooked by other texts, such as the growing use of bankruptcy protection laws to limit the consequences of supplying defective products (as in the recent bailout-supported cases of General Motors and Chrysler), and this book sets out to rectify such omissions.While other books leave the reader to sink or swim in a swamp of apparently contradictory doctrine, Products Liability Law: Cases, Commentary, and Conundra lays out from the beginning the five elements common to all products liability claims. It then builds on this foundation by tackling each new area of the law in a lucid and reader-friendly manner, while explaining how each doctrine relates to the politico-economic and historical context in which the law operates.Supplementing the text with numerous original flowcharts, tables, and other diagrams—as well as asking thoughtful questions along the way—this book charts a careful and comprehensible course through the often tempestuous battleground of products liability law.


Product Liability Law In Transition

Author by : Magdalena Tulibacka
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 297
File Size : 50,9 Mb
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Description : This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.


Product Liability

Author by : Mark Mildred
Languange : en
Publisher by : Taylor & Francis
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 475
File Size : 54,5 Mb
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Description : Originally published in 2001, Product Liability: Law & Insurance is a highly partical reference work that covers all facets of product liability. It looks at partical applications of the law and gives expert advice on how to operate in given situations; offering guidelines on how to avoid product liability problems and what to do in practice if things do go wrong.


California Products Liability

Author by : Roy M. Brisbois
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 91
Total Download : 817
File Size : 51,6 Mb
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Description : This useful treatise explains background & current law pertaining to all types of products liability causes of action in California, from both a substantive & procedural standpoint. It includes theories of recovery & scope of products liability cases both from plaintiff's & defendant's perspective through trial or settlement. California Products Liability Law & Practice discusses each stage of the traditional products liability case in chronological order. It also provides numerous forms to save you drafting time & ensure accuracy.


Consumer Protection And Product Liability Law

Author by : Stephen G. Corones
Languange : en
Publisher by : Lawbook Company
Format Available : PDF, ePub, Mobi
Total Read : 40
Total Download : 643
File Size : 47,9 Mb
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Description : The consumer protection provisions of the Trade Practices Act have expanded both in scope & prominence since their introduction in 1974. This casebook recognises the increasing importance of the rights & remedies created by the Act in its discussion of the law governing consumer protection & product liability. Extracted cases & materials are supported by extensive commentary to explain the concepts & principles. Contents Summary * The Nature & Rise of Consumer Protection * Misleading or Deceptive Conduct * Unfair Conduct * Penalties & Remedies * Implied Terms * Product Liability.


Economic Analysis Of Tort And Products Liability Law

Author by : Jenny Bourne Wahl
Languange : en
Publisher by : Taylor & Francis
Format Available : PDF, ePub, Mobi
Total Read : 80
Total Download : 588
File Size : 41,7 Mb
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Description : First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.


Principles Of Products Liability

Author by : Mark Geistfeld
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 54
Total Download : 507
File Size : 43,5 Mb
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Description : 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.


International Products Liability

Author by : Warren Freedman
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 49
Total Download : 710
File Size : 53,7 Mb
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The Development Of Product Liability

Author by : Simon Whittaker
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 70
Total Download : 520
File Size : 43,8 Mb
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Description : This examination of western-European legal systems demonstrates how tort law has adapted to meet new market conditions.