Liability for Products: English Law, French Law, and European Harmonisation

ISBN-13: 9780198256137 / Angielski / Twarda / 2005 / 752 str.

Simon Whittaker

Opis

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.

Recenzje

Simon Whittaker's masterly study demonstrates clearly that when Community measures arrive in a Member State they may well land in occupied, indeed in overcrowded, territory. His chosen topic is complex, but his study is wide-ranging, subtle, perceptive, and profound. The work must have taken decades of wide reading and deep thinking, and the result is now set out with great clarity, a scrupulous scholarly apparatus, and no little wit...Whittaker casts his net widely, thereby ensuring a much richer appreciation of the diversities in presuppositions, structure, approach, and results in the two national jurisdictions...Perhaps the finest chapter in this fine work is that on 'patterns of liability' (Chapter18)

O autorze

Simon Whittaker is Fellow and Tutor in Law at St. John's College, and Reader in European Comparative Law at the University of Oxford.