A timely addition To The information available on Asia Pacific laws relating To The production, sale, and distribution of goods. Each country is examined under three general headings: Themes of Liability, State of Law Reform, and Litigation System. Covers Australia, China, Hong Kong, Indonesia, Japan, Korea, New Zealand, Philippines, Singapore, Taiwan, Thailand, Vietnam.
This article draws on survey results to provide a preliminary empirical benchmark of the impact in the Asia-Pacific Region of strict-liability product liability law reforms, implemented in many jurisdictions since the 1990s based often on the 1985 European Commission Directive. It identifies considerable convergence in the "law in action" as well as the "law in books," largely mirroring results from the baseline survey of European jurisdictions completed in 2002 by Lovells for the Commission. Similar effects include small but significant increases in claims, settlements, and reactions from firms. However, these tendencies are also affected by broader (arguably inter-related) factors such as shifts in consumer consciousness and media attention. Conventional causes of action also continue to be invoked, and there is not much call for further reform. This situation highlights the distinctiveness of high levels of product liability litigation in the United States. Growing but limited case law in certain Asia-Pacific and European jurisdictions should be synthesized into "Strict Liability Product Liability Principles." It also is likely that the Asia-Pacific will continue to follow more the European Union in related areas such as consumer access to justice and product safety regulation.
This is the first and only and‘one-stop shopand’ for lawyers that offers the necessary practical information relating to liabilities in connection with products in the major jurisdictions where the law of product liability is most fully developed and therefore influential worldwide. Thirty-three expert authors with wide-ranging knowledge of product liability law and– including litigation experience in a variety of jurisdictions and– clearly define the law in relation to liabilities and responsibilities arising in connection with a potentially and‘defectiveand’ product, and describe what steps to take when handling such a case. To the three jurisdictions universally recognized as the and‘trendsettersand’ in the area of product liability and– the European Union, the United States, and Australia and– is added China, as its emerging industrial influence on the rest of the trading world and its nascent product liability laws make it essential to consider. Opening with summaries of the law in each of these four jurisdictions (plus Canada), the work proceeds to examine such aspects of product liability law as the following: differences in each jurisdiction among the key practice areas of contract, tort, statute, and regulation; the leading case law underpinning the principles in play in each jurisdiction; the legal implications and demands of product recalls; product liability insurance from legal and industry perspectives; forum shopping; and product risk management. Topics demonstrating the application of the law in practice provide an understanding of how the product liability systems of the jurisdictions covered actually work. In sum, this is an incomparable practitionerand’s guide to essential elements of the laws of product liability, primarily in Europe, North America, and China, but which will be useful virtually anywhere in the world. For product liability specialists this book will occupy an essential place among their resources. For most lawyers, who will be involved in product liability issues of one type or another at some stage in their career, this book will provide the essential quick groundwork whenever occasion arises. Among the many sophisticated academic works, comparative analyses across jurisdictions, and countless commentaries on the law of individual jurisdictions, this book is unique in its direct practical usefulness.
This book provides domestic law expertise, on-the-ground experience, and a global perspective of 14 countries and jurisdictions (Australia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Pakistan, Philippines, Singapore, South Korea, Taiwan, Thailand, and Vietnam) and addresses topics such as: establishing a business presence; foreign investments; operational issues; litigation and dispute resolution; and developing an exit strategy.
Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
