Law and Practice
Chapter 4: PRODUCT CERTIFIERS’ LIABILITY
Authoritative undertakings provide third-party attestations of safety, quality or other product attributes to the public and regulators in their certifications, approvals, listings and ‘guarantees’. Therefore, the liability exposure of such undertakings is a matter of key importance for them and other stakeholders in the certification process. This chapter first outlines liability rules in general. Then the principles behind product liability policy and laws potentially applicable to product certifiers are considered under breach of statutory duty (strict liability), tort (negligence) and breach of contract (warranty). Statutory provisions in the UK and other jurisdictions which impose liability for defective products are addressed in the context of the laws governing the sale and supply of goods, and consumer and employee protection. The problems in delineating the boundary of certifiers’ liability are illustrated by references to the case law concerning certification, not only of chattels but shipping as well. Key words: certifier liability; negligence; statutory duty; contract
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.