French Law: Formal Bases of Liability and Practical ‘Irresponsibility’
This chapter addresses the question of liability in the administration for failures in the organisation or control of product safety. Firstly, it is concerned with the possession by public bodies of powers relating to product safety which give rise to administrative liability. Secondly, the chapter is concerned with the imposition of liability in respect of failures in the exercise of powers of control by a public body over other persons, whether public or private, rather than over its own activities. Thirdly, it is concerned with questions of liability in the administration in respect of the safety of products, rather than their quality. Fourthly, the chapter discusses how the exercise of public powers of safety has influenced the development of criminal responsibility for death and personal injury more widely and, indirectly, the incidence of criminal responsibility of other private ‘decision makers’.
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