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Liability for ProductsEnglish Law, French Law, and European Harmonization$
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Simon Whittaker

Print publication date: 2005

Print ISBN-13: 9780198256137

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198256137.001.0001

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A Closer Look at the Product Liability Directive

A Closer Look at the Product Liability Directive

Chapter:
(p.476) 17 A Closer Look at the Product Liability Directive
Source:
Liability for Products
Author(s):

SIMON WHITTAKER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198256137.003.0017

This chapter explores the Product Liability Directive’s provisions in more detail, looking at how they have been implemented and interpreted by French and English lawyers. In the case of French law, we still have to rely on la doctrine, given that there are only one or two decisions applying the loi of 1998 itself: the jurisprudence of the 1990s which ‘implemented’ the Directive can be only an approximate guide given its formal basis in other provisions of the Civil Code and its doubtful present status. In the case of English law, there are a handful of decisions applying the 1987 Act, including the important decision in A v The National Blood Authority. There are also two important decisions of the European Court itself in Commission v United Kingdom and Veedfald v Århus Amtskommune.

Keywords:   liability law, product liability, French law, English law

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