Produktansvar: Mellemhandlerens retsstilling ved brug af salgs- og leveringsbetingelser og den generelle efficiens ved produktansvarsreglerne

Jonas Lykkegaard

Student thesis: Master thesis

Abstract

A company that sells a product, either as producer or intermediary, may incur liability for damage or loss caused by a defect in their product. In Denmark there are two sets of rules regulating product liability. The first is the Product Liability Law of 1989 which implemented the EU Ministerial Council Directive of the 25th of July 1985 on product liability. The second is the product liability rules developed through case law. The to rule sets regulate different parts of product liability, where the Product Liabiblity Law is a consumer protective regulation, the case based rules regulate product liability between professionel parties. It may often be difficult to determine whether the damage the product have caused is on the product itself or on a third partys object, and although these two terms are defined in theory, in practice it is not always so easy to make the correct assessment. The differences between the Product Liability Law and the case based rules can be interesting in the assessment of the product liability rules' favorable effect, and arguments for and against strict product liability cannot be said to have the same weight in relation to the case law developed rules. The seller of a product has often sold the product using certain terms and conditions which include clauses for full or partial waiver of liability. A disclaimer can only be enforced against the buyer of that product, in this case the contracting party, under the principle of relativity of contracts. It must be assumed that the vast majority of Danish companies today have coverage under a commercial and product liability insurance These different aspects are of interest to the parties involved in trading relations, and this thesis will focus on the role of the intermediary and how the rules and regulations affect him in the different situations that will usually occur, but also on how the rules may affect his behavior.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2012
Number of pages62