Session 7

Question 1

Product liability

Answer 1

A manufacturer or seller held liable for placing a defective product into the hands of a consumer

Question 2

Responsibility for a predict defect that causes injury lies

Answer 2

With all sellers of the product zho are in the distribution chain

Question 3

Pb

Answer 3

Differences among law of the various countries : which law for cross border disputes

Competition was distorted within the eu : repercussions varies from one nation to another

Question 4

Product liability Directive

Answer 4

1985
Designed to provide Increased consumer protection
Harmonise competitive conditions within the eu

Doesn’t apply to services

Question 5

Directives basic purpose

Answer 5

To hold manufacturers liable for i juries caused by defects in their products

Question 6

In us

Answer 6

Not a federal law

Product lia îlots based on state law

Question 7

Liability of manufacturers under the eu product liability directive

Answer 7

Very similar to the strict liability doctrine applied in most of the US

Question 8

To recover damages

Answer 8

Prove the existence of a defect

Question 9

To determine f a product is defective

Answer 9

The courts consider the products foreseeable uses

Warnings provided by the manufacturer

Question 10

Product is iota

Answer 10

Non contractual liability

Physical injuries

Objectif : have damages
Art 1641 of French civil code

Question 11

Vice cachés

Answer 11

Objectif : to be paid back
Reimbursed

Contractual liability

Question 12

Art 1649

Answer 12

If the seller knew the seller (negligent) should repair the damage suffered
Pay damages

Question 13

Assessment of risks

Answer 13

Firms have to assess the risks of their product

Question 14

Product liability claim

Answer 14

Breath of warranty and negligence

Question 15

A buyer

Answer 15

May bring a warranty action whenever the product fails to meet the standards the seller représentés

Question 16

To be held liable for negligence

Answer 16

Manufacturer is found negligent for not inspecting the product price

Question 17

To prove negligence

Answer 17

Difficult to prove

The defendant didn’t use reasonable care in designing or manufacturing its product

Question 18

Product is defective

Answer 18

When it constatons a manufacturing defect
Defective in design
Inadequate instructions or warning

Question 19

Legal principle of strict product liability grounded in considerations of public policy

Answer 19

• the law should protect consumers against unsafe products

- imposing strict liability: encourages manufacturers to improve the safety of their products

Question 20

For the defendant to be held liable must prove

Answer 20

• the plaintiff was harmed by the product
• the injury was caused by a defect in the product
• the defect existed at the time the product left the defendant

Question 21

In some cases

Answer 21

Sur for fear of becoming ill

Question 22

Sellers of used goods

Answer 22

Not held strictly liable for any defective repairs

Question 23

Unforeseeabikity

Answer 23

Défense to liability

Question 24

Class action system

Answer 24

In fr very numerous and weak

Us : efficient