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授業の目的 |
This class aims at introducing students with legal terminology based upon the reading of academic materials, legislation, cases and newspaper articles related to product liability.
The legal terminology emphasized in this class is related to the following issues: product liability law, contract law, corporate law, torts law, terminology related to court cases, and terminology related to legislative matters.
In order to give different styles of English, reading materials will be drawn from the United States, the United Kingdom, and the European Union. Some reading material will be a translation into English from another language.
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授業の概要・計画 |
Class 1: What is Product Liability?:
- Geraint Howells, The Law of Product Liability 1-7 (2nd ed., Butterworths, LexisNexis, 2007)
- Examples: Consumer Affairs Victoria, Product Safety: Product Hazard Alert (Ability Press, 2008)
Class 2: Problems within Early Product Liability Cases
- Excerpt: MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050
Class 3: Product Liability Law Excerpts:
- COUNCIL DIRECTIVE of 25July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (European Union)
- Product Liability Act (Act No. 85 of 1994) (JAPAN)
- Examples: Consumer Affairs Victoria, Product Safety: Product Hazard Alert (Ability Press, 2008)
Class 4: When Can a Manufacturer be Liable?
- Excerpt: Declan O’Brian v. Sanofi Pasteur MSD Ltd. And Sanofi Pasteur SA. ECJ Case C-127/04 (9 Feb. 2006)
Class 5: Defects: Consumer Expectation Test
- Excerpt: Bellotte v. Zayre, 352 A.2d 723 (N.H. 1976) (provisionally)
Class 6: Defects: Obvious Dangers
- Excerpt: Vincer v. Esther Williams All-Aluminum Swimming Pool Co., 230 N.W. 2d 794 (Wis. 1975)
Class 7: Defects: Inherent Dangers
- Excerpt: Brinkman v. Masterfoods, OLG Dusseldorf (20 Dec. 2002) (Chocolate bars)
Class 8 - 9: Defects: Inherent Dangers
- Excerpt: Emery v. Federal Foods Inc., 863 P.2d 426 (Mont 1993; Child gagged on Marshmallow); and
- MINORU MATSUTANI and ALEX MARTIN, Food maker pulls ’konnyaku’ sweets (Japan Times, 9 October 2008) (provisionally)
Class 10: Effect of Marketing on Defects
- Excerpt: OGH (Supreme Court), 18 April 1998
Class 11: Warnings for Defects
Excerpts:
- Sweetened Tea, BGH, 12 Nov. 1991
- Austrian Mineral Bottle, OGH (Supreme Court), 8 April 1997
- Optional: Worsely v. Tambrands (High Court) 3 December 1999
Class 12: Defective Product, but not Liable
To be decided
Class 13: Product Recalls
- Toyota Boss Akio Toyoda Apologises ahead of US Grilling (The Guardian, Tuesday 23 February 2010)
Class 14: Revision
- Revision
- Exam introduction
Class 15: EXAM
In class examination:
- Vocabulary
- Reading Comprehension
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授業の進め方 |
Students are expected to have read the assigned reading material before coming to class. It will also be helpful if the students have prepared the vocabulary list that is connected to the respective reading material.
During class, the students are expected to:
- Read out loud the assigned reading material paragraph by paragraph;
- Answer questions regarding the paragraph a student has read;
- Answer vocabulary questions.
Students are encouraged to answer on a voluntary basis. If there are no volunteers, a student will be appointed to answer the question.
If necessary, extra information will be given in a lecture style.
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