Realm of producer’s liability of faulty product and defective information in the correct manner of use

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Abstract

contractual relations. Today, technical and complex
products are produced in large scale. Due to
unknown defects in the goods and not providing enough
information on how to use them properly, many disasters and
damages are caused not only on consumer but also to those
who did not use the products. And what is mentioned in
the law in protection of consumer act cannot be a desirable
protection of consumers.
Liability of producer against consumer is a new matter
in “Fegh”. No doubt that liability or nonliability
for producers is subject to the rules of liability and its
application is discussed in this paper. However, when the
relationship of Sabbyt between losses incurred
and defect product is granted, liability is determined on the
basis of the rules of LA-zarar, and operating loss is
determined through the various factors according to the
rules of Tasbyb and Ghoror ., but determination of
responsible of defective products has a special complexity.
It is dependent on several factors. Some leads to responsibility
of manufacturer and some of them eliminate it.

Keywords

Journal of Studies in Islamic Law & Jurisprudence
Volume 3, Issue 6
November 2012
Pages 129-156

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