The Research On The Rule Of Products Liability

As the developing of modem industry in the twentieth century, the varieties of products increased and the structure of products became more and more complicated. Thus the danger of the products enhanced. Many countries and districts in the world such as America and western Europe drafted product liability law. Standing from the point of comparative law, the essay does some research on the rule of products liability. Firstly, the essay gives a explicit definition of product liability. It distinguishes the product liability from the manufacturer's liability and the quality liability. It points out that the property of products is tort instead of contract liability and double liability. By comparing the social foundation, the aim of the law, the essential terms and effort of law between products liability and contract liability, it analyses the tort property of products liability from the academic view. Secondly, the essay expounds the display of products liability in the strict tendency after the well known case Winterbottom v. Wright in the nineteenth century. The displays are fault inducing, assuring liability and strict liability. It provides the general definition of strict liability. It also distinguishes strict liability from traditional fault liability and innocent liability. The strict liability has two particular functions: improving social efficiency and realizing fairness and impartiality. Thirdly, the essay holds that China nowadays adopts the double rules of products liability. In other words, our country adopts the rule of fault liability and strict liability. It also analyses the manufacturer's liability, the seller's liability and the middleman's liability. Based on the impartiality, the products liability law protect the liability person's legistimate intrests as well as the consumer's. The contradictory issues includes : the exclusive clauses, abatement clauses and other clauses. Key words: Products Liability,Property,Rule, Strict Liability,Contradictory,Issue...