The EU is active in attempting to harmonize the law of product liability and the sale of goods to consumers, with the aim of promoting fair competition, aiding the internal market, and protecting consumers. But how do the resulting laws relate to existing national laws of liability and compensation? This comparative work considers the French and English laws governing all those who may be liable for products: their producers, their suppliers, their users, and their regulators. It is a revealing case study in the harmonization of laws in Europe, in an area which cuts across the traditional boundaries of private law, public law, and criminal law.
Inhaltsverzeichnis
- Preface
- Introduction
- Preliminary
- 1: General Introduction
- Part I Civil Liability in Respect of the Manufacture, Supply or Use of Products Apart From Implementation of the EC Directives
- 2: Introduction to Private and Public Liability in French Law
- 3: Droit Privé: Delictual Liability for Fault and for the 'Deeds of Things'
- 4: Droit Privé: the Law of Sale
- 5: Droit Privé: Liability for the Provision of Services Involving Products
- 6: Droit Administratif and Liability for Products
- 7: Public Services, Service Public, and Liability for Products
- 8: Introduction to Private and Public Liability in English Law
- 9: The Tort of Negligence, its Adjudication, and its Satellites
- 10: The English Law Sale of Goods
- 11: The English Law Governing Public Service, Private Services, and Liability for Products
- PART 2 Administrative Liability for Failure to Regulate or Control Product Safety
- 12: French Law: Formal Bases of Liability and Practical 'Irresponsibility'
- 13: English Law: Recurrent Themes and Endemic Casuistry
- PART 3 Criminal Responsibility for Unsafe Products and its Relationship to Compensation
- 14: Fraudes, Homicides, and the Role of the Partie Civile
- 15: English Law: Crime, the Criminal Process, and 'Essentially Civil Claims'
- PART 4 The EC Product Liability and the Consumer Guarantees Directives and their Implementation in French and English Law
- 16: The Creation and Maintenance of the EEC Directive on Liability for Defective Products and the Process of its Implementation in the UK and France
- 17: A Closer Look at the Product Liability Directive
- 18: The Patterns of Liability
- 19: The Consumer Guarantees Directive and its Implementation in French and English Law
- PART 5 General Conclusion
- 20: General Conclusion