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On the Doctrine of Product Liability Fixation

Fuyou Wang

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Abstract

Product liability is a special category of tort liability. This article puts forward two presuppositional conclusions on the basis of a reexamination of the theories of tort liability fixation, i.e. presupposition of fault is not an independent doctrine of liability fixation. Strict liability is no-fault liability. Through an analysis of modern product liability developments, the writers proposed that the doctrine of product liability fixation should be strict liability ( no-fault liability).

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What this paper is about

Product liability is a special category of tort liability. This article puts forward two presuppositional conclusions on the basis of a reexamination of the theories of tort liability fixation, i.e. presupposition of fault is not an independent doctrine of liability fixation. Strict liability is no-fault liability. Through an analysis of modern product liability developments, the writers proposed that the doctrine of product liability fixation should be strict liability ( no-fault liability).

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Available abstract

Product liability is a special category of tort liability. This article puts forward two presuppositional conclusions on the basis of a reexamination of the theories of tort liability fixation, i.e. presupposition of fault is not an independent doctrine of liability fixation. Strict liability is no-fault liability. Through an analysis of modern product liability developments, the writers proposed that the doctrine of product liability fixation should be strict liability ( no-fault liability).

Key concepts: Strict liability, Liability, Tort, Doctrine, Product liability, Liability insurance, Presupposition, Business

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