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

By Luke Nottage | Go to book overview

4

The PL Law in action

Introduction

Chapter 3 compared the provisions, main commentary, and emerging case law in the 'strict liability' regimes in Japan, the EU, Australia and the US. Generally, however, there are still few reported-and even unreported-judgments outside the US, and other effects have not been large. In 1995 for example, coinciding with the European Commission's first review of the EC Directive, conference presentations and national reports organized through the Consumer Law Centre at a Belgian university generally concluded that hardly any judgments had been reported applying the Directive; instead, manufacturers referred disputes to ADR and insurers were often called upon. Nonetheless, manufacturers did appear to be taking more precautions in safety features of goods potentially covered by the Directive, and to be conducting more recalls, although this impact 'was not readily quantifiable and also has to be related to the adoption and implementation of the General Product Safety Directive (92/59/EEC)' (Goyens 1996:238). Westphalen (1996:83, 85) maintained that 'the German law has not been "Americanized" …The absence of negligence as a prerequisite to the manufacturer's liability has had no impact on the case law', although judgments under Article 823 of the Civil Code were 'developing rapidly to the benefit of the consumer'. In Italy, which had implemented the Directive in 1988, there was only one reported judgment, from 1993 (Alpa and Stoppa 1996:79). Mildred (1996:49) could find 'no report of any case pursued to judgment or subject to any interlocutory ruling where liability under the [Consumer Protection Act 1987] has been pleaded', while briefly noting nine claims where the Act seems to have been relied upon, and more anecdotal evidence of some others. 1 Availability and costs of insurance had not been significantly affected. One assessment of the overall 'impact of the Directive on European industry', based on 'discussions with many colleagues in industry, publications and a survey of 88 German companies', nonetheless concluded that:

Product quality has improved generally. This is mainly a consequence of increased competition in the Single Market and of new methods of quality management, but may also be due in part to product liability. Nearly all

-154-

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.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
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.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

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

Table of contents

  • Title Page iii
  • Contents vii
  • Illustrations viii
  • Preface ix
  • Acknowledgements xii
  • Abbreviations xiv
  • 1 - 'Re-Orienting' Japan and Its Law 1
  • 2 - The Still-Birth and Re-Birth of Product Liability in Japan 23
  • 3 - Comparing the Pl Law with Other 'strict Liability' Regimes in Europe, Australia and the Us 70
  • 4 - The Pl Law in Action 154
  • 5 - The Future of Pl in Japan 202
  • Appendix A 213
  • Appendix B 215
  • Appendix C 223
  • Appendix D 229
  • Appendix E 251
  • Notes 255
  • Bibliography 274
  • Index 304
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
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?

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.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

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.