A Rare Cause of Angina

Santiago, Sigifredo Macossay; Santos, Moisés Jiménez; Arroyo, Cristopher German; Davalos, Israel García; Lizárraga, David Salazar; González, Horacio Márquez; Gallegos, Diana López; Hernández, Jaime Alfonso Santiago; Gutiérrez, Lucelli Yáñez; Kinkel, Carlos Riera

doi:10.1016/j.jaccas.2020.11.044

Cited by 1 publication

(1 citation statement)

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“…It is true that there must be a proof of a connection between the defective product and the harm, 179 but it is not necessary to prove what exactly went wrong with the product and where the defect came from. 180 12. Comparative Analysis and Concluding Remarks 12.1.…”

Section: (A)mentioning

confidence: 99%

Relevance of Risk-benefit for Assessing Defectiveness of a Product: A Comparative Study of Thirteen European Legal Systems

dos Santos Silva,

Fairgrieve,

Rajneri

et al. 2021

ERPL

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Under Council Directive 85/374/EEC, liability of a producer crucially depends upon the proof of a product’s defectiveness. This central notion of the Directive has however long been the source of debate regarding the extent to which it is grounded in a solely safetybased approach, or whether a risk-benefit approach may be admitted. The defectiveness concept is now subject to a growing body of case law. This article examines how the courts in a selection of Member States (MS) approach the notion of defect and take account of riskbenefit considerations in determining whether a product is defective. It aims, first, at lowering the level of complexity which was added to the definition of defect in theDirective by the discretion given to national courts on the applicable standard of liability. Second, it means to show the real level and scope of harmonization of the product liability law in the EU by revealing differences that still exist in the interpretation of seemingly harmonized laws. Third, it aims to contribute to the clarification of whether the risk-benefit test is compliant with the spirit of the Directive, and thereby informing policy makers at a time where the guidelines of interpretation of the Directive are being prepared.

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Section: (A)mentioning

confidence: 99%