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(a). Elements In General Tort
§ Infringing Activity
§ Actual Damages
§ Causation
(b). Quality Liability and Its Defense
The 2000 PQL states that ‘a producer shall be liable for damage done to others or others’ property except the product itself due to his defective product.
The producer may be excepted from the liability where he can prove one of the following situations:
1. The product has not been put into circulation;
2. The defects are non-existent at the moment that the products are put into circulation;
3. The defects could not be found by current scientific or technological measures at the time when the product was put into circulation.
(c). Defect
The ‘defects’ in this law are referred to the unreasonable risks existing in the products that threaten the safety of people or their properties, or products that do not conform to the standards set by the State or specific industrial associations if such standards exist.
(d). Seller’s Liability
A seller’s liability is fault-based liability. The plaintiff has the right to sue either the producer or the seller. In case that the seller cannot tell the name and address of the producer, he may be completely liable for the damages.
(e). Defective Products In A Contract
Two parties to a trade contract can set their own rules on returning, repairing, replacing defective products into their contract but either party can set exemptions from the liability of tort, nor can they set exemptions from their liability to a third party.
(f). Responsible Persons
§ Producers: liability based on defective products.
§ Seller: liability based on fault or defects arise in the course of sale.
§ Transporters: liability based on fault.
§ Storage Operators: liability based on fault.
§ Trademark Owners: be treated as producers. (Interpreted by the Supreme Court)
(g). Jurisdiction
§ Liability Resulting From Tort: the Court of the place where the tort committed or where the dependant has his domicile. (Where the tort committed: the place where the act of tort took place or where the result of damage took place)
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