| Summary: | 碩士 === 東吳大學 === 法律學系 === 99 === In our daily life, we face a variety of risks. One of the most common risks which people may confront is the risk of getting harmed due to using product. The core concept of products liability law is the product "defect" which is an ambiguous concept. Though it is necessary to use such ambiguous concept in provisions of statutory law, but it inevitably reduces the stability and predictability of law application. Therefore, it is difficult for the parties involved in the products liability disputes to clarify whether the products are defective, and who should take the responsibility from an objective point of view. In other words, applying a more concrete standard in determining product defects is helpful for the manufacturers, sellers, and importers to take appropriate precautions to avoid defective products being distributed to the market effectively. Besides, with a more concrete standard of determining product defects, the consumers may make a better risk assessment and product selection before they decide which product to use. After the disputes happen, the parties may interpret the law better, so that reduce the cost of dispute solving.
Chapter one describes the motives, purposes and methods of this thesis. Chapter two introduces the sources and imputation of products liability law, including the application and the relationship between civil law and consumer protection law. Chapter 3, from the perspective of comparative law, explains the definition of defectiveness and the jurisprudence of defectiveness determination. Chapter 4 compares the concept of defectiveness in products liability law and contract law. Chapter 5 discusses how the characteristics of the product influence the standard of defectiveness determination by studying the precedents and regulations of foreign countries. Chapter 6 collects and classifies the court rulings of the ROC, and clarifies the standard of defectiveness determination in products liability law of the courts of the ROC. Chapter 7 concludes this study, and claim that the court of the ROC should apply a more clearly the standard to determine the defectiveness in products liability law, by referring to the jurisprudence developed in foreign countries.
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