Product Liability Actions in Australia: Is the Collateral Contract Remedy an Option?
Abstract
In Australia the common law remedies currently available for defective products are basically limited to a claim for damages either in tort for negligence or in contract for breach of an express or implied warranty. As stated by one commentator: "Australian judges are steeped in legalism and the common law has not developed a doctrine of strict liability in tort . . . Accordingly Australians are far less litigious in this field."1 By contrast in the United States two doctrines achieve the result of strict liability, namely "strict liability in tort" and "implied warranty liability without privity".
Published
Dec 1, 1989
How to Cite
CLARKE, Gay R..
Product Liability Actions in Australia: Is the Collateral Contract Remedy an Option?.
QUT Law Review, [S.l.], v. 5, p. 111-123, dec. 1989.
ISSN 2201-7275.
Available at: <https://lr.law.qut.edu.au/article/view/316>. Date accessed: 01 feb. 2021.
doi: https://doi.org/10.5204/qutlr.v5i0.316.
Section
Articles - General Issue
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