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Part II Non-Contractual Obligations Arising Out of Tort/Delict, 5 Product Liability

From: The Rome II Regulation: The Law Applicable to Non-Contractual Obligations

Andrew Dickinson

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2023

Types of damages — Applicable law — Product liability — Applicable law to non-contractual obligations — Environmental damage — Scope of the law applicable under the Rome II Regulation — Habitual residence — Non-contractual obligations
5.01 This Article, concerning non-contractual obligations arising out of damage caused by a product, must be read together with Recital (20), which provides:1 The conflict-of-law rule in matters of product liability should meet the objectives of fairly spreading the risks inherent in a modern high-technology society, protecting consumers’ health, stimulating innovation, securing undistorted competition and facilitating trade. Creation of a cascade system of connecting factors, together with a foreseeability clause, is a balanced solution in regard to these...
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