International Product Law Manual

Author: Arundel McDougall; Prashant Popat Q. C.
Publisher: Kluwer Law International
ISBN: 9789041126382
Published In: October 2010
Format: Paperback , 1024 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This is the first and only ‘one-stop shop’ 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 –¬ including litigation experience in a variety of jurisdictions – clearly define the law in relation to liabilities and responsibilities arising in connection with a potentially ‘defective’ product, and describe what steps to take when handling such a case.

To the three jurisdictions universally recognized as the ‘trendsetters’ in the area of product liability – the European Union, the United States, and Australia – 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 practitioner’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.

The book will be revised annually.

Part I Introduction to Product Liability

Chapter 1 Introduction to Product Liability

Duncan Fairgrieve & Geraint Howells

Part II Overview of Product Liability Law

Chapter 2 An Overview of Product Liability Law in the European Union

Alison Brown & Adela Williams

Chapter 3 An Overview of Product Liability Law in the United States

Thomas E. Riley & Allison M. Alcasabas

Chapter 4 An Overview of Product Liability Law in Canada

Michael Parrish, Avon Mersey, Peter Pliszka, Enrico Forlini & Dominique Gibbens

Chapter 5 An Overview of Product Liability Law in Australia

Peter O'Donahoo, Peter Wood & Penny Harris

Chapter 6 An Overview of Product Liability Law in the People's Republic of China

Willi Vett & Larry Lian

Part III Statutory Product Law in Contract

Chapter 7 The European Union Product Liability Directive

John Meltzer & Dan Armstrong

Chapter 8 United States of America: The Statutory Basis

Harvey Kaplan & John Sherk

Chapter 9 The Statutory Basis/Product Liability Law in Detail: The Commonwealth of Australia

Greg Williams & Leah O'Brien

Chapter 10 Statutory/Product Liability Law in Detail: China

Eugene Chen

Part IV Product Liability Claims in Contract

Chapter 11 Product Liability Claims In Contract: Europe

Julian Acratopulo

Chapter 12 Product Liability Claims In Contract: United States of America

Anne Marie Seibel & Darrell Tucker

Chapter 13 Product Liability Claims in Contract: The Commonwealth of Australia

Amanda Turnill, Leah O'Brien & Melissa Leon

Chapter 14 Product Liability Claims in Contract: The People's Republic of China

Nie Rui

Part V Product Liability Litigation

Chapter 15 Product Liability Litigation: Europe

Arundel McDougall

Chapter 16 Product Liability Litigation: United States of America—The Procedural Law

Joseph K. Hetrick, Elisa T. Wiygul & Alison V. Hawley

Chapter 17 Product Liability Litigation: The Commonwealth of Australia

Colin Loveday, Richard Abraham & Sheena McKie

Chapter 18 Product Liability Litigation: The People's Republic of China

Eugene Chen

Part VI Regulation of Product Liability and Sanctions

Chapter 19 Regulation of Product Liability and Sanctions: Europe

Andrew Kinnier

Chapter 20 Regulation of Product Liability and Sanctions: United States

Tripp Haston & Andrew Johnson

Chapter 21 Regulation of Product Liability and Sanctions: The Commonwealth of Australia

Andrew Morrison & Mary Sheargold

Chapter 22 Regulation of Product Liability and Sanctions: The People's Republic of China

Shaosong Sun

Part VII Product Recall

Chapter 23 Product Recall in the European Union

Matthew Bradley

Chapter 24 Fifty-State Survey on the Duty to Recall or Retrofit in the United States of America

Christopher Scott D'Angelo

Chapter 25 Product Recall in Australia

Colin Loveday, Richard Abraham & Sheena McKie

Chapter 26 Product Recall in the People's Republic of China

Jingzhou Tao

Part VIII Product Liability Insurance

Chapter 27 Product Liability Insurance

Malcolm Sheehan

Chapter 28 Product Liability Insurance for Life Science Companies

James Bird & Mike Brown

Part IX Forum Shopping

Chapter 29 Forum Shopping

Oliver Campbell

Part X Risk Management

Chapter 30 Risk Management: Counting the Cost of Product Recalls

Steve Thompson, Nishad Morjaria & Linda Olivier

Table of Cases

Table of Legislations

Index

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