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On The Standard Of The Attestation For Product Deficiencies And Damage Compensation

Posted on:2007-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:C H YangFull Text:PDF
GTID:2166360185493015Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of modern industry and technology, the capacity of public consumers have been improved greatly. Society with production and consumption in great amount has entered today. The rights and interests of consumers have ever-increasingly been threatened by the damages caused by product deficiencies emerging in large number. Different from common tortious act, the cases have such characteristics as follows: the feature of indirection high technology and complexity; profound extent and wide range pluralistic participation; specific characteristics of standard for causal relationship. So when deciding the liability for damage compensation ,we should consider five aspects : on the range of products the standard of the attestation for product deficiencies . doctrine of liability fixation for damage compensation the range of compensation claimant and subject of duty ,about which, however, no unanimous conclusion can be drawn at present. The paper is composed of four parts. It begins with product deficiencies and its standard of the attestation. Secondly, doctrine of liability fixation for damage compensation. Thirdly, damage compensation for product deficiencies. Finally, discussions on knotty cases in judicial practice. The author believes that the range of product should be broadened and that we should strengthen the protection for damages caused by real property intangible products service and intellectual...
Keywords/Search Tags:product, product deficiencies, damage compensation for product deficiencies, doctrine of liability fixation for damage compensation, subjects of duty, claimants obligees, moral and punitive damages
PDF Full Text Request
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