| Popis: |
In this chapter, we start with the realization that there are several parallels between the historical development of product liability law and recent forays into supply chain liability. These range from structural factors, such as the fragmentation of production, which gave rise to a need for new private law causes of action that could override contractual boundaries, to legal-dogmatic developments, such as a focus on private law litigation through contract and tort in developing new causes of action. Current product liability regimes can be seen as a “marriage” of contract and tort that overcomes the deficiencies inherent in both individual causes of action. In order to explore possibilities and justifications for a similar marriage of contract and tort in developing supply chain liability, we look at the historical rise of product liability law, the contextual parallels and differences of product liability and supply chain liability, and current approaches to supply chain litigation and governance. |
