The State Of The Art Defence: Defining the Australian Experience in the Context of Pharmaceuticals

  • Mabel Tsui Queensland University of Technology

Abstract

One of the defences within Part 3-5 of the Australian Consumer Law is the state of the art, or development risk defence. This defence, although significant, has often been neglected in Australian jurisprudential analysis and has triggered at most generic academic analysis. However, with the rise of pharmaceutical and medical device litigation in Australia, it could become a vital weapon for Australian manufacturers against product liability claims. This paper will firstly review the two ways this defence could operate. It will also discuss the three types of defects which the defence could apply to. This paper aims to determine exactly when and how this defence should apply in Australia, in the context of pharmaceutical product liability claims.

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Published
Dec 12, 2013
How to Cite
TSUI, Mabel. The State Of The Art Defence: Defining the Australian Experience in the Context of Pharmaceuticals. QUT Law Review, [S.l.], v. 13, n. 1, dec. 2013. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/517>. Date accessed: 21 apr. 2019. doi: https://doi.org/10.5204/qutlr.v13i1.517.
Section
Emerging Scholars' Section

Keywords

Consumer law; Pharmaceuticals; Science; Technology
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