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Product Liability For Punitive Damages

Posted on:2008-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:N L WangFull Text:PDF
GTID:2206360215984641Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As there is a lack of regulation on punitive damage compensation in product liability in our country, the legal rights and interests of the consumers cannot be effectively guaranteed. This article thinks that it's one of the effective means for solving the wide spreading of defective products in our county, regulating the order of market economy, guaranteeing the benefits of the vulnerable group, by establishing the punitive damage compensation system that is suitable for our national situation in the field of product liability. However, punitive compensation shall not be an independent appealing right, it must be based on the compensatory damage compensation, and the punitive compensation can be appealed only when the conditions for compensatory compensation are met.The structure of this article is: general description, analyzing, and summarizing. Except for preface and conclusion, this article is divided into four parts:The first part, by introducing the occurrence and evolution of product liability, reviews the historical evolution and judicial practice in product liability system, states the development process in product liability: from contract-breaching liability to right-infringement liability, from compensation liability to punitive compensation. The second part discusses the conditions in applying punitive compensation in product liability from the subjective and objective sides. The third part analyzes the theoretical base for applying punitive compensation in product liability from the two angles of legal philosophy and legal economy. The fourth part analyses the necessity and suitability of applying punitive compensation in product liability.
Keywords/Search Tags:product liability, contract-breaching liability, right-infringement liability, punitive compensation liability, compensatory compensation liability
PDF Full Text Request
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