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Modern trends in products liabilityBianco, Nicolo Cornelius 02 1900 (has links)
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)
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Modern trends in products liabilityBianco, Nicolo Cornelius 02 1900 (has links)
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)
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Die deliktuele aanspreeklikheid van die vervaardiger teenoor die verbruiker vir skade veroorsaak deur middel van 'n defekte produk28 September 2015 (has links)
LL.D. (Private Law) / Please refer to full text to view abstract
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Product liability in Germany and South Africa : a comparative studyDe Villiers, Cornelius January 1997 (has links)
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.
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Product liability in Germany and South Africa : a comparative studyDe Villiers, Cornelius January 1997 (has links)
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.
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