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The Rule of «Informed Intermediary» as a Specific Case of Exoneration of the Manufacturer in the Legislation of USA and the UK
Authors: Roman V. Khalin
Number of views: 359
The article discusses the comparative-legal analysis of the application of special case exemption from liability for harm caused by defective goods, works or services in the countries of England and USA. The author indicates that the law of England and the USA along with their own individual features of development of system of legal regulation of liability for damage caused by deficiencies of goods, works and services, within the same historical period there was developed a special approach to the regulation of questions of responsibility for the quality of pharmaceutical products.
The document concludes that the separation of the products in those dangerous in themselves, and those that create a danger to customers under certain conditions, has legal significance to attract the manufacturer to liability for harm caused to life, health or property of consumer. Danger (harmfulness) of the product as perceived by the right of his property, which, on the one hand, acquires the meaning of the terms of the disclaimer, regardless of its causes in the product, but on the other hand, the obligatory participation of an intermediary in the chain of distribution of the product among consumers excludes the contractor's liability for damage to the goods only on the ground of the presence of a fault in the product. In this case an obligatory condition of responsibility is the lack of intermediary information about this shortage.