Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-pjpqr Total loading time: 0 Render date: 2024-06-16T10:44:15.989Z Has data issue: false hasContentIssue false

10 - The development risks defence

from PART II - European influences

Published online by Cambridge University Press:  28 July 2009

Mark Mildred
Affiliation:
Professor of Litigation Nottingham Trent University
Get access

Summary

Introduction

The question how the regime of liability without fault which the Product Liability Directive 85/374/EEC (‘the Directive’) sought to deal with unforeseeable defects has evoked considerable political debate amongst Member States and controversy among commentators. This chapter seeks to describe the issues arising in determining the meaning and scope of the defence, the light shone upon them by reported decisions and the questions which are yet to be resolved whether by the jurisprudence of Community courts or by legislative reform.

History

The protracted and inadequately transparent negotiations over the terms of the Directive have been covered before. It is, however, of relevance to recall the fact that the presence of the development risks defence inspired such disagreement among Member States as to result in the derogation permitting them to omit it from their implementing legislation.

After the publication of the first draft of the Directive in 1976 the Council of Europe produced the Strasbourg Convention on Product Liability in 1977. In the same year the English and Scottish Law Commissions produced Reports on Product Liability. All four recommended the omission of the defence. The first two were eclipsed by publication in 1979 of the second draft, leading to the final form of the Directive and the latter two by the Pearson Royal Commission on Civil Liability and Compensation for Personal Injury which rejected comprehensive reform in favour of sectoral change limited to personal injury cases and excluding damage to property.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2005

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×