Editorial Note

Howells, Coral Ann; Sharrad, Paul; Turcotte, Gerry

doi:10.1093/oso/9780199679775.003.0002

Cited by 2 publications

(2 citation statements)

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“…Under his reading of the test a producer only escapes liability if the consumer knows, based on the information provided with the product, that she will be the one that is struck by the hazard. 69 His example is aspirin. Aspirin inevitably causes internal bleeding in some of its users, but it is not clear in whom exactly.…”

Section: Consumer Expectations Not Risk-utilitymentioning

confidence: 99%

Modern Theories of Product Warnings and European Product Liability Law

Verheyen

2019

Utrecht Law Review

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Scholars inside and outside Europe have recently argued that product liability law should recognise the sheer complexity of designing an adequate warning. In the US, for instance, it has been suggested that a plaintiff bringing a claim based on a defective warning should be required to prove which reasonable alternative warning would have prevented her from suffering harm. While much can be said in favour of a more refined approach to product warnings, these proposals are incompatible with many key characteristics of positive European product liability law as construed by the Court of Justice of the European Union. These scholars' recommendations invite us to reconsider some of the features of European product liability law and decide upon a direction for the future.

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Section: Consumer Expectations Not Risk-utilitymentioning

confidence: 99%

Modern Theories of Product Warnings and European Product Liability Law

Verheyen

2019

Utrecht Law Review

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“…It is not therefore sufficient for a term simply to be expressed transparently if it is not substantively fair. 149 In further explaining how to apply the test of fairness the ECJ in Aziz also made it clear that a term will result in significant imbalance between the parties if it deviates from the applicable default provisions. 150 This is also important because it will often be the case that these default rules have been designed to balance the interests of the parties, this necessarily taking into account the need to protect consumers.…”

Section: Broad Fairness Controlsmentioning

confidence: 99%

Social Justice in EU Financial Consumer Law

Fejős

2018

SSRN Journal

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This paper 1 considers how social justice influences EU financial consumer law. It provides a new way of looking at social justice in consumer law by showing that equality of status based social justice has increasingly come to the fore in modern EU financial consumer law. This emergent and complex set of private and regulatory rules on credit, insurance, investment and payment products has responded to the consequences of inequality between financial firms and consumers by engaging in product and rights regulation that balances the parties' rights and duties and protects consumers from the consequences of status-based inequality. Looking forward the paper recommends that this social justice approach must be made transparent and become an express part of EU law and policy, both in order to raise consumer trust in the internal market and to more clearly set the future law and policy agenda.

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Editorial Note

Cited by 2 publications

References 0 publications

Modern Theories of Product Warnings and European Product Liability Law

Modern Theories of Product Warnings and European Product Liability Law

Social Justice in EU Financial Consumer Law

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