Defect of Security in Consumer Protection Law
Date Issued
2007
Date
2007
Author(s)
HSU, YU-SHAN
DOI
zh-TW
Abstract
Defect of security is an important issue. How to explain this concept is also a major question in product liability. Below the second chapter, we introduce three foreign legal system – Directive of EU in 1985, PLA of Germany, and Restatement of torts in U.S. In traditional classification of Germany and U.S.A, defect of security has been separated to three kinds: manufacturing defect, defective in design, defective because of inadequate instructions or warnings. But since the Directive of EU in1985, Product Liability Act of Germany was drew up and promulgated in 1990, which followed the Directive of EU. In this Directive, to explain defective of security has no longer depended on foregoing three sorts, but on the expectation of consumers. In Consumer Protection Law of R.O.C, it also describes defect of security as “doesn’t match contemporary technical and professional standards of the reasonably expected safety”. But scholars think that the expectation of consumers is a vague idea to use, even if to operate together with three standards in The Enforcement Rules of Consumer Protection Law. On the other hand, some scholars still adopt the traditional sorts of defect to explain this concept. In this thesis, we think that classification can’t make clear what’s the safety expectation of consumers, but to confuse the differences between strict liability and negligence liability.
Subjects
消費者保護法
安全性欠缺
無過失責任
消費者期待
當時科技或專業水準
發展上危險
告知義務
Consumer Protection Law
defect of security
strict liability
safety expectation of consumers
contemporary technical and professional standards
Type
thesis
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