Title: On Duality of Doctrine of Liability Fixation in Product Liability
Abstract: Considering product liability,doctrines of liability fixation applied to producers and sellers should be differentiated according to risk allocation and needs of protecting profits of all parties involved in market economy.In so doing,a producer who can manage product defect risk and diversificate risk by making use of insurance mechanism and product value mechanism is required to assume no-fault liability.In contrast,a well-meaning seller should bear fault liability.By doing so,the interests of the infringed and the sellers can be protected.Moreover,it can boost product sales and the overall social and economic development.
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
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