DES案之責任證立－以矯正正義與因果關係為核心
To Justify the Responsibility of DES Cases－Focus on Correct Justice and Causation
Date Issued
2007
Date
2007
Author(s)
Yeh, Yung-Hsiang
DOI
zh-TW
Abstract
Diethylstilbestrol(DES) is one kind of drug which taken by the gravidas to prevent miscarriage. But this kind of drug caused ovarian cancer in the adult daughters of some of the women who took it, so the victims brought class actions against the producers. In those cases, the producers of the drug had negligence, and the causal attribution between the drug and ovarian cancer were almost recognized. However, how to identify who produced the drug was difficult because the damage did not happen until the next generation and too many companies produced the same drugs. The most important thing was to decide the responsibility of the producers of the drugs and how to compensate the plantiffs. The above questions are the topics of my thesis.
This thesis first discusses on traditional torts, and to clarify the specialty of DES cases. Then, I return to discuss the doctrine of torts and the essential – causuation, and try to analyze DES cases from abstractive and specific view. The bi-lateral structure of torts can be explained by correct justice, and the element of torts related to correct justice is causation, which composed by factual causation and legal cause. I think correct justice can properly explain torts, and it should be kept in the existing torts system even in risk societies. I approve that the producers of DES should hold market share liabilities. In consideration of the high uncertainty in the risk society, correct justice and causation only can be accomplished in this second best way.
Subjects
侵權行為
己烯雌酚
雙邊結構
矯正正義
因果關係
市場份額責任制
tort
diethylstilbestrol(DES)
bi-lateral structure
causation
risk society
market share liability
SDGs
Type
thesis
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