Comparative Product Liability: Common Law, EU and US Perspectives
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Module Code |
LA7086 |
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ECTS weighting |
10 |
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Semester/term taught |
1 |
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Lecturer |
Mr. Alex Schuster BL |
Comparative Product Liability explores the extent to which manufacturers (and other businesses in the supply chain) are liable for injuries caused by defects in products. In examining selected areas of product liability law in the Common Law World, the EU and the US respectively, this comparative course is designed to afford participants with insights into how social, economic and cultural factors, as well as legal principles, have shaped the differences between the three legal regimes.
Issues to receive special emphasis in the context of this course will include the concept of a producer, the definition of defectiveness, the significance of instructions for use and danger warnings, the manufacturing defect/design flaw dichotomy, development risks, the heads of recoverable damages, the running of time in product liability claims; and an incisive exploration of both the legal and practical obstacles faced by litigants in cases involving tainted blood transfusions.
Learning Outcomes:
On successful completion of this module, students should be able to:
- Outline the common law principles governing liability for defective products
- Understand the pivotal importance of both the concept of defectiveness and the development risks defence in an EU context
- Trace the evolution of US Products Liability Law by acquainting themselves with the provisions of Section 402 (A) of the Restatement (Second) of Torts and the Restatement (Third) of Torts: Product Liability
- Explain the significance of instructions for use and design warnings and the manufacturing defect/design flaw dichotomy in both an EU and a US context;
- Compare the different legal regimes for compensating consumers (injured by allegedly defective products) in the Common Law World, the EU and the US respectively;
- Assimilate the technical rules governing the running of time in product liability claims;
- Identify and describe the key rules governing both the quantum and the recovery of damages;
Assessment:
- Essay/Assignment – 100%