| Summary: | 碩士 === 國立雲林科技大學 === 應用外語系 === 103 === Abstract
Global outsourcing to foreign countries is one of most common way of manufacturing. While trying to lower manufacturing cost, product liability is an important concern for any enterprises. Any defects from manufacturing could bring tremendous harm and costs to an enterprise.
There are two main different ways of outsourcing manufacturing products, through a broker in the foreign country or going to manufacturer directly. A broker provides service under a signed agreement with a seller. He might also sign a buyer representation agreement with a buyer. A buyer can have direct relationship with the seller or only relationship with the broker. Each of the outsourcing framework would bring different consequence if manufacturing defect arose.
This study is to view different product liability law sources in the US market and European market; and to discuss liabilities between an outsourcer, the broker and the vendor when product defects arose under two different outsource frameworks.
So as to, hope to give all the supply chains, the outsourcer, the buyer, seller, the manufacturer better point of view regarding to the liability they are liable for.
The International Sales of Goods, the Uniform Commercial Code (U.C.C.) and the Restatement (Third) of Torts Product Liability, Directive 85/375/EEC are the major literature groundwork of this study.
Key words: outsourcing, Product Liability, CISG, Uniform Commercial Code, Manufacturing, Product defect
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