The Development of Product Liability

Mass production and changes in distribution chains have severely restricted the power of the seller and the buyer to use their own skill and judgement. As a result, 'product liability' has developed into a distinct area of legal regulation. Traditional legal techniques, such as the warranty against latent defects in contract and fault in tort, proved inadequate safeguards. This examination of western-European legal systems combines legal history and comparative law to demonstrate how tort law has adapted to meet these new conditions.

Simon Whittaker is Professor of European Comparative Law at the Faculty of Law, University of Oxford.