Unit 19- Remedies and Product liability Flashcards
What is monetary damage?
Pecuniary compensation accounting to the value of the loss suffered by the plaintiff
What is restitution?
The restoration to the situation the plaintiff would have been in, has the fact grounding tortious liability not occurred
When is restitution applied?
- When it is materially feasible
- When it is not too burdensome for the debtor
What are the two types of monetary damages?
Compensatory: equal to the harm/ loss suffered by the victim
Punitive damages: higher than the harm/ loss suffered by the victim –> intended to punish
Monetary damages in civil vs common law
Common law: punitive damages awards are usually recognised
Civil law: tort law has only a compensatory fucntion
What is non pecuniary compensation?
Compensation awarded in a legal claim that is not quantifiable in monetary terms
Assessment of non pecuniary damage
-Typically, the gravity, duration and consequences of the grievance will be the central issues in determining an appropriate sum
- Methods of assessment are different: usually judges rely on schedules which quantify the different impairments, sometimes the law fixes precise amounts
What is product liability?
This is a section of tort liability connected to damages caused by defected products
EU approach to product liability
The EU’s approach to product liability is guided by the principle that liability without fault on the part of the producer is necessary for an appropriate allocation of risk
Strict liability regime
What factors determine whether a product is defective or not?
- Defective manufacturing
- Defective design
- Failure to warn
When is a producer not recognised as liable when a product is defective?
-He did not put the product in circulation
-The defect appeared after the product was put into circulation
-The product was not manufactured to be sold or distributed for profit
-The defect is due to compliance of the product with mandatory regulations issued by the public authorities
