This dissertation examines the most important developments and modern trends in the products liability law of the United States, the European Union, Australia and New Zealand. The United States has influenced international products liability forever. The European Union followed the United States, but learned from their mistakes. The lessons are reflected in the European Directive. In turm, Australia followed the European Directive but its close neighbour, New Zealand, managed to address products liability in their own unique way. In contrast, South African products liability law has not seen much development recently. Good guidelines can however be found from comparative law for the future development of products liability law in South Africa. In the conclusion of this dissertation, consideration will be given to the necessity of South Africa following the modern international trends in products liability. / Jurisprudence / LL. M. (Comparative Law)

This dissertation examines the most important developments and modern trends in the products liability law of the United States, the European Union, Australia and New Zealand. The United States has influenced international products liability forever. The European Union followed the United States, but learned from their mistakes. The lessons are reflected in the European Directive. In turm, Australia followed the European Directive but its close neighbour, New Zealand, managed to address products liability in their own unique way. In contrast, South African products liability law has not seen much development recently. Good guidelines can however be found from comparative law for the future development of products liability law in South Africa. In the conclusion of this dissertation, consideration will be given to the necessity of South Africa following the modern international trends in products liability. / Jurisprudence / LL. M. (Comparative Law)

LL.D. (Private Law) / Please refer to full text to view abstract

For almost twenty years, the general delictual claim as found in par. 823 (!) BGB formed the basis for product liability claims against producers in Germany. In 1985, however, a European Directive on Product Liability was issued and in 1990 Germany enacted the Product Liability Act. Setting a strict liability standard, the Act was to operate in tandem with the existing general delictual claim. Since producers in any event find it very difficult to successfully defeat product liability claims based on par. 823 BGB, the Act should not drastically change the landscape of German product liability jurisprudence. In South African product liability claims fall under the Lex Aquiliae which has fault as its cornerstone. Although our Courts are willing to assist a plaintiff by applying the doctrine of res ipsa loq11it11r, the German experience has shown that procedural devices do not provide a permanent solution to the problem of product liability. In the long run legislation is the best way to bring about a rational and equitable system of strict liability. / Mercantile law / LL.M.

For almost twenty years, the general delictual claim as found in par. 823 (!) BGB formed the basis for product liability claims against producers in Germany. In 1985, however, a European Directive on Product Liability was issued and in 1990 Germany enacted the Product Liability Act. Setting a strict liability standard, the Act was to operate in tandem with the existing general delictual claim. Since producers in any event find it very difficult to successfully defeat product liability claims based on par. 823 BGB, the Act should not drastically change the landscape of German product liability jurisprudence. In South African product liability claims fall under the Lex Aquiliae which has fault as its cornerstone. Although our Courts are willing to assist a plaintiff by applying the doctrine of res ipsa loq11it11r, the German experience has shown that procedural devices do not provide a permanent solution to the problem of product liability. In the long run legislation is the best way to bring about a rational and equitable system of strict liability. / Mercantile law / LL.M.