Legal Liability Under Product Liability And Breach Of Contract Case Concurrence

In practice, the consumer products, the operators of the prosecution often have a product liability and the liability for breach of the competing situation.Consumers that can both operators prosecuted prosecution of complaints, the breach can also be prosecuted product liability. The maximum protection of the legitimate rights and interests of the perspective, this will require the choice of consumers. As a result of the Product Quality Law, the law on protecting rights and interests of consumers and the infringement of the provisions of the law of responsibility is not uniform, consumer rights and often produce confusion. This article aims to analyze the confirmation standard product responsibility and accountability principles of liability for breach of the analysis products for the clear determination of the nature of the cases analyzed in the case of competing in the main responsibility for the maintenance of and to maximize the legitimate rights and interests of consumers and provide recommendations for future legislation has important significance. The article is divided into three chapters:chapter I, describes the content of the case analysis summarized in two cases:the case of controversy was whether the water heater and consumer product defects can advocate Breach Liability; chapter II, on the basis of cases of controversy, straighten out the case law and existing legal provisions, the analysis of product defects liability, breach of product punitive damages and competing cases of accountability; Chapter III, in response to the case reflects the product liability and the liability for breach of competing cases submitted by the legislative deficiencies and improve the legislative recommendations.