 | Martin A. Mattes - 1977 - 118 páginas
...products liability. Article 2(c) of the Draft Convention would define a defective product as one which does not provide the safety which a person is entitled to expect, having regard to all the circumstances including the presentation of the product. See UN Report on... | |
 | Harry Duintjer Tebbens - 1979 - 466 páginas
...because the keyterm "defective" lacks a precise definition, as will now be seen. 1 . Defectiveness A product is defective when it does not provide the safety which a person is entitled to expect: this is the essence of Articles 4 EC draft and 2(c) Strasbourg Convention. The former adds that the... | |
 | United States. General Accounting Office - 1993 - 112 páginas
...product liability and affect the sale of products. The directives specify that a product will be deemed defective "when it does not provide the safety which a person is entitled to expect, taking into account all of the circumstances.1' The Commission has established that dangers should be designed... | |
 | Klaus J. Hopt, Eddy Wymeersch - 1994 - 1072 páginas
...prejudice to the provision of national law concerning the rights of contribution or recourse. Article 6 1 . A product is defective when it does not provide the...account, including: (a) the presentation of the product; (b)the use to which it could reasonably be expected that the product would be put; (c) the time when... | |
 | Fawcett - 1994 - 444 páginas
...is strict rather than absolute. The product must be shown to be defective16. Article 6 states that "A product is defective when it does not provide the...entitled to expect, taking all circumstances into account . . .". The circumstances to be taken into account include three matters specifically mentioned under... | |
 | Pedro Barahona, J. P. Christensen - 1994 - 256 páginas
...components of a system, which could thus be subject to product liabilities. According to Article 6 of the Directive "a product is defective when it does...the safety which a person is entitled to expect..." [3]. It could be argued that technical change in KB techniques moves at a pace where it is difficult... | |
 | Thérèse Blanchet, Risto Piipponen, Maria Westman-Clément - 1994 - 532 páginas
...persrin mainly for his own private use or consumption (Art. q of the Directive). t A product is defcctixc when it does not provide the safety which a person...taking all circumstances into account, including: the presentation of the product; the use tn which it could reasonably be expected that the product... | |
 | 1994 - 492 páginas
...UK by the Consumer Protection Act 1987, imposes strict liability. The product must be defective, ie it does not provide the safety which a person is entitled to expect, and there are numerous defences available to the defendant, including a development risks defence which... | |
 | Mervyn Richardson - 2002 - 636 páginas
...the damage, the defect of the product and the causal relationship between the damage and the defect. A product is defective when it 'does not provide the...to expect taking all circumstances into account'. The distinction between products which are defective and products which are not defective has been... | |
 | Albert H. Cardon - 1996 - 216 páginas
...Statute of January 21, 1988 on the Liability for a Defective Product defines a defect as follows [8]: 'A product is defective when it does not provide the...to expect, taking all circumstances into account, with special regard to ( 1 ) the presentation of the product, (2) the use to which it could reasonably... | |
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A product is defective when it does not provide the safety which a person is entitled to expect... 
