Product Safety and Liability Law in Japan: From Minamata to Mad Cows

By Luke Nottage | Go to book overview
Save to active project

3

Comparing the PL Law with other 'strict liability' regimes in Europe, Australia and the US

Introduction

Having sketched the historical evolution of PL law in broad socio-economic context in the US, the EU, and especially Japan, this chapter turns to a closer 'black letter law' comparison of central aspects of this developing area of law. Particular attention is paid to Japan's PL Law of 1994, and similar 'strict liability' statutory regimes in Europe (the 1985 EC Directive) and Australia (Part VA of the TPA). Of course, to varying extents, national legislation implementing the Directive in EU member states adopts different formulations (see e.g. Hodges 1993). This has been further highlighted by some of the Commission's cases brought before the European Court of Justice (ECJ), as mentioned in Chapter 2 and discussed further below (comparing PL Law Article 6). Member states were also expressly permitted-and certainly took-various combinations of options in implementation, notably the important 'development risks' defence discussed below (comparing PL Law Article 4(1)), as shown in Table 3.1.

For these reasons, and others, 1 the impact of the Directive-inspired legislation may vary considerably in individual member states (see e.g. Goyens 1996a). A sense of this is provided in this chapter by focusing on some significant developments in the UK, as these may still tend to impact on Australian PL law-especially case law, even though the impact of EU law itself in Australian courts has been growing steadily (Vranken 1993). Further, as part of the broader consumer protection initiatives from EU institutions recently, as mentioned in Chapters 1 and 2, many reforms have been proposed for the PL Directive (Hodges 2000b:126-30). Even if these find some traction, though, the Directive has provided-and should continue to offer-a useful common core of legislative history; rules and principles; and a steady accretion of case law from the ECJ and especially national courts (e.g. Schuster 1998), which seem increasingly willing to draw directly on each others' jurisprudence. In addition, because of the historical and continuing interest in US PL law in the EU, Japan and Australia, this chapter adds a comparison of the Restatement Third (sometimes abbreviated as 'R 3d' in this chapter). As sketched in Chapter 2, this was published in 1998 to summarize-and at times to give some direction to-the voluminous case law percolating up from state courts, along with some more specific legislative

-70-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Product Safety and Liability Law in Japan: From Minamata to Mad Cows
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 311

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?