C OURSE N AME
L ECTURER
P
ERIOD OF
T
EACHING
C OURSE D ESCRIPTION
C OMPARATIVE C ONSUMER P ROTECTION
A SSOC .
P ROF .
S TEVEN V AN U YTSEL
N
OVEMBER
2012
L AW
To quote P. Burrows, “[t]he market,…, offers us a rich choice of harming ourselves using products that are widely available.” The list that precedes this sentence indicates as example, among others, B.S.E. in beef, anti-freeze in wine, insecticide residues in bran and fruit, or the adulteration of cooking oil in Spain. More recently, Chinese baby milk producers have faced troubles with contaminated milk and Toyota has organized an immense scheme of recalls for repairing defects with the gas pedal in many of its cars.
This course seeks to familiarize the students with the different legal approaches that have been developed to deal with products that cause harm. Not only does this entail a comparative perspective, but also a historical one. On the one hand, common law approaches will be compared with the civil law approaches; while on the other hand, the developments within these legal systems regarding product liability will be traced back.
Both approaches will enable to give not only an understanding of black letter law regarding this field of law, but also to discuss the rationale offering protection in this particular field.
C OURSE O BJECTIVE
This course aims is twofold. First, the course aims at familiarizing the students with the strict liability for products, a specific area within products liability law.
Second, the course will provide the students with an insight in how different jurisdictions have interpreted their respective strict liability regimes that govern defective products that have caused harm.
C
OURSE
F
ORMAT
The course takes the format of lectures. Whenever possible, active participation of the students is appreciated. Students are therefore required to prepare themselves by reading the assignments for each class in advance.
Near the end of the course, hypothetical cases will be distributed. Students are

expected to work out solutions for these cases.
A SSESSMENT
Class participation: 20%
Hypothetical cases : 60%
In class examination: 20%

1. EU Directive on Products Liability
2. Restatement (Second), Torts, Par. 402A
3. Restatement (Third), Torts: Products Liability
4. Japanese Product Liability Law
Recommended Readings:
5. Barnard v. Kellogg
6. Winterbottom v. Wright
7. Thomas v. Winchester
8. Macpherson v. Buick
9. Escola v. Coca Cola
10. Henningsen v. Bloomfield Motors
11. Greenman v. Yuba Power Products
Compulsory Readings:
12. Mickltz, Stuyck, and Terryn, Consumer Law, 444-447 (J-S
Borghetti, Product Liability for Defective Goods)
13. Winter v. G.P. Putnam’s Sons
Recommended Comparative Readings:
14. Blood as a Product
15. Pharmaceuticals
16. Kiely and Ottley: Understanding Products Liability, 113-122
17. Luke Nottage: Product Safety and Liability Law in Japan, 82-90
Compulsory Readings:
18. Mickltz, Stuyck, and Terryn, Consumer Law, pages 448-453
Recommended Comparative Readings:
19. Kiely and Ottley: Understanding Products Liability, pages 101-113
20. Luke Nottage: Product Safety and Liability Law in Japan, 105-111

Compulsory Readings:
21. Mickltz, Stuyck, and Terryn, Consumer Law, 461-468
22. Hansen v. Baxter Healthcare Corp.
Recommended Comparative Readings:
23. Kiely and Ottley: Understanding Products Liability, 135-151
24. Luke Nottage: Product Safety and Liability Law in Japan, 90-104 and
113-118
Compulsory Readings:
25. Mickltz, Stuyck, and Terryn, Consumer Law, 469-475
26. Angelina and Jack McMahon v. Bunn
Recommended Comparative Readings:
27. Owen: Products Liability Law, 669-685
28. Owen: Products Liability Law, 646-666
Compulsory Readings:
29. Bogle v. McDonald's Restaurant
Compulsory Readings:
30. Mickltz, Stuyck, and Terryn, Consumer Law, 485-490
31. Owen: Products Liability Law, 706-733
Recommended Comparative Readings:
32. Luke Nottage: Product Safety and Liability Law in Japan, 124-134
Compulsory Readings:
33. Katsurakawa v. Nihon McDonalds
34. Sindel v. Abbott Laboratories
Recommended Comparative Readings:
35. Kiely and Ottley: Understanding Products Liability, 245-260

Compulsory Readings:
36. Pierce v. Hobart
37. Bigee v. Pacific Tel
Recommended Comparative Readings:
38. Luke Nottage: Product Safety and Liability Law in Japan, 139-142