THE RESEARCH ON LIABILITY FOR WARRANTY AGAINST DEFECTS AND PRODUCT DEFECT LIABILITY
ABSTRACT
Liability for warranty against defects and product defect liability are easy to be confused, and the laws do dot make any definition about them. In liability for warranty against defects, the term defects refers to the status that the products do not fit in with the criterion the contract provides. But in product defect liablity the term defect refers to the products contain unreasonable dangers which could damage the users’ properties or bodies. Correspondingly, the two liablities belong to the civil liablities caused by the products which is in some status mentioned above. There are some relationships between liability for warranty against defects and product defect liablity, but there are many differences between the two, which need to be differentiated well. The difference s of the two liabilities lie in the criterion, the liablity taker, the quality, the liablity-taking-off cindition and the manner of liability assuming.
On the basis of the research above, this paper adopted a case in which a pressure cooker exploded and the issue of the two liabilities arose. The principles of the liablity undertaking are also different in liability for warranty against defect and product defect liability, for the legislator may use different principles to balance the intrests of every parties. The legal system of liability for warranty against defects functions well in China, but the legal system of product defect liability is far from perfection and need to be improved.
Key Words: Liability for warranty against defects,Product defect liability,Difference