The Research On Solution Of The Defective Product Injures Itself

The controversy has been rise about relief on defective product injures itself since the enactment of tort liability law. On the one hand, the differences between tort liability law and products quality law cause the chaos in the field of academy and legal practice. On the other hand, the reflection and the reform have been raised in the other countries with the developing about the rule of protecting pure economic loss. The theorist put forward two method, the first one is to expand the scope of protection of tort law and the second is to release the demand of the relativity of contract by using warranty liability or concerning-third-party contract, consumers are admitted to sue producer directly. According to the situation in our nation, the suitable way is the first one. However, the scope of protection written in tort law Article 41 cannot be expanded too much. We must use the concept detective to differ the tort law and the contract law. Furthermore, although the loss can be relieve, not all damage can be contained. Only the loss which the constructor can foresee occurred when consumers use it in privately area. There are four chapter in this essayChapter one, the summary about defective product injures itself. Firstly, this part define and tell the differences between this and other concepts. Secondly, it reflects and arranges the rules of pure economic loss in the area of academy and legal practice. According to our nation’s situation, there are two point of views directly solving this kind of problem. The one is the breach of contract, the other is using the rule of product liability. The most of the court appreciate the second one.Chapter two, the methods which are set in academic field. This part discuss the method point to product injures itself. They can be divided into two ways- by using tort law or contract law. In German legal practice, they are using the concept called “Weiterfressersch?den”, which makes the scope of product liability contains the loss caused by product injures itself. In France, the theory called “transferable warranty liability” agrees the consumers sue the producer directly. Furthermore, the Japanese tort law agrees to protect the loss when the inherent interest loss exits at the same time. In Taiwan China, the current case admit the method which using tort law while others did not in the earlier time. In the Anglo American law system, the majority of court access to warranty liability. The minority courts insist using tort law to relieve the loss. In our country there are also similar views come into being.Chapter three, the theoretical basis of the relief product injures itself by tort law. Firstly, based on the legal theory and the legal practice which is in our country. It is more suitable to use tort law to relieve the loss. However, I cannot accept the opinion of “compromise”, for it will break the standard of tort law and the contract law. I think the concept defective would be suitable way to define the scope of the loss, the other loss would be relieved by contract law. Thirdly, The Article 41 tort law is affected by some factors, such as heavily obligation and uncontrollable range, which would make the Article not suitable to relieve the loss. In my point of view, the elements above cannot stop the law to protect the right because they can be removed, especially when the concept detective is be used to define the scope. Because the injures caused by the detective would seems as the violation of ownershipChapter four, the construction of the solution on detective product injures itself. Based on the conclusion above, the component of this right is the infringer and victim, the causal and the loss cannot be replaced. Mostly importantly, the core element of the duty is the defect. It is different with flaw in many aspects, such as the level of seriousness and the scope. Hereafter, not all pure economic loss caused by product injures itself can be relieved. Only the fee of repairing, devaluation or vanishing can be compensation. The others should ask the contract law for help.In conclusion, the essay first discuss the theory of pure economic loss and the legal practice in different countries. And it is believed that the method which using tort law Article 41 would be suitable way to solve this problem. Thus, the legal practice would get better improvement.