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Product Liability Law in Canada
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Détails des produits
A single product liability claim can embody issues of negligence, contract, regulatory standards, damages, class proceedings, insurance and even the conflict of laws. This book addresses all of these issues. Topics discussed include:
- Negligence - application of negligence principles to cases involving manufacture, design, distribution, marketing, sale, repair, installation or inspection of defective or dangerous products
- Liability in Contract - claims based on breach of contract or warranty including implied warranties at common law, collateral warranties, Sales of Goods Act and other statutory conditions
- Regulatory Standards - federal and provincial legislation and regulations that govern the sale and manufacture of products and support or affect claims for civil liability
- Class Proceedings - use of class action suits in circumstances where mass-produced products cause losses to great numbers of consumers
- Damages - principles of damages applicable to product liability actions
- Conflict of Laws - impact where damages are suffered in a jurisdiction other than where the product was purchased or manufactured
- Insurance Issues - Commercial General Liability insurance policies consulted most frequently to respond to product liability claims
- Substantive matters such as: limitation clauses and contracting out of potential liability; negligent misrepresentation; concurrent liability in tort and contract; fundamental breach; contribution and indemnity
Table des matières
Table of Cases
Chapter 1: Introduction
Chapter 2: Products Liability in Negligence
Chapter 3: Specific Issues in Negligence
Chapter 4: Defenses to Negligence Claims
Chapter 5: Liability in Contract
Chapter 6: The Interface of Tort and Contract
Chapter 7: Government Regulation of Products and Standards
Chapter 8: Class Proceedings
Chapter 9: Damages
Chapter 10: Conflict of Laws
Chapter 11: Common Insurance Issues
Appendix A - Food and Drugs Act
Appendix B - Sale of Goods Act (Ont.)
Appendix C - Motor Vehicle Safety Act
Appendix D - Hazardous Products Act
Appendix E - Consumer Product Warranty and Liability Act (N.B.)
Appendix F - Class Proceedings Act (B.C.)
Appendix G - Class Proceedings Act, 1992 (Ont.)
Appendix H - Consumer Protection Act (Sask.)
Appendix I - How to Build a Plaintiff's Product Liability Case
Appendix J - Draft Statement of Claim
Appendix K - Draft Statement of Defense