The Development of Product Liability

Mass production and changes in distribution chains have severely restricted the power of the seller and the buyer to use their own skill and judgement. As a result, 'product liability' has developed into a distinct area of legal regulation. Traditional legal techniques, such as the warranty against latent defects in contract and fault in tort, proved inadequate safeguards. This examination of western-European legal systems combines legal history and comparative law to demonstrate how tort law has adapted to meet these new conditions.

1. Introduction to fault in product liability Simon Whittaker; 2. The development of product liability in England Simon Whittaker; 3. The development of product liability in French law Jean-Sébastien Borghetti; 4. The development of product liability in Germany Gerhard Wagner; 5. The development of product liability in the Netherlands Ivo Giesen; 6. The development of product liability in Italy Nadia Coggiola; 7. The development of product liability in Spain Miquel Martín-Casals and Josep Solé Feliu; Appendix: code provisions.

Simon Whittaker is Professor of European Comparative Law at the Faculty of Law, University of Oxford.