Book contents
- Frontmatter
- Contents
- Table of panels
- List of figures
- Preface
- Acknowledgments
- Terminology
- Table of Latin phrases
- List of abbreviations
- Table of cases
- Table of cases (European Court of Justice, numerical order)
- Table of legislative instruments
- PART I STARTING OFF
- PART II JURISDICTION
- 2 Jurisdiction: an analysis
- 3 Jurisdiction under EC law
- 4 EC law: special jurisdiction
- 5 The traditional English rules
- 6 Developments in Canada
- 7 US law: an outline
- 8 Choice-of-court agreements
- 9 Forum non conveniens and antisuit injunctions
- 10 Overlapping jurisdiction in EC law
- 11 Special topics – I
- 12 Special topics – II
- PART III FOREIGN JUDGMENTS
- PART IV PROCEDURE
- PART V CHOICE OF LAW
- PART VI EXTRATERRITORIALITY
- Bibliography
- Index
11 - Special topics – I
from PART II - JURISDICTION
- Frontmatter
- Contents
- Table of panels
- List of figures
- Preface
- Acknowledgments
- Terminology
- Table of Latin phrases
- List of abbreviations
- Table of cases
- Table of cases (European Court of Justice, numerical order)
- Table of legislative instruments
- PART I STARTING OFF
- PART II JURISDICTION
- 2 Jurisdiction: an analysis
- 3 Jurisdiction under EC law
- 4 EC law: special jurisdiction
- 5 The traditional English rules
- 6 Developments in Canada
- 7 US law: an outline
- 8 Choice-of-court agreements
- 9 Forum non conveniens and antisuit injunctions
- 10 Overlapping jurisdiction in EC law
- 11 Special topics – I
- 12 Special topics – II
- PART III FOREIGN JUDGMENTS
- PART IV PROCEDURE
- PART V CHOICE OF LAW
- PART VI EXTRATERRITORIALITY
- Bibliography
- Index
Summary
In this chapter, we consider the jurisdictional aspects of two special topics. We consider two more in the next chapter.
Products liability
Our first topic is products liability. Assume that a product is manufactured in country X and marketed in country Y. It causes injury. Where can the victim sue the manufacturer? Can he sue in country Y, or must he go to country X?
In the past, he often had to go to the country where the product was manufactured. If the manufacturer had no presence in the country in which the product was marketed, and could not be served there, the right of the victim to sue in his own country depended on the rules for service out of the jurisdiction. In the earlier part of the twentieth century, the rule in most common-law countries was that the tort had to have been committed in the territory of the forum, or the cause of action had to have arisen there. Originally, courts tended to say that the tort was committed (and the cause of action arose) in the country of manufacture.
This was unfair to the victim, who would have found it difficult to travel to the manufacturer's country to bring the action; so courts began to look for a way of allowing suit to be brought in the country in which the product was marketed, even if the manufacturer had no place of business there.
- Type
- Chapter
- Information
- International Commercial LitigationText, Cases and Materials on Private International Law, pp. 265 - 287Publisher: Cambridge University PressPrint publication year: 2009