Produkte-aanspreeklikheid: die aanslag op die skuldbeginsel
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posted on 2024-11-18, 15:22authored byInaugural addresses
Inaugural lecture--Faculty of Law, Rand Afrikaans University, 11 September 1980@@A comparative study of various systems of products liability has shown that the principle of no fault liability for damage caused by defective products has gained ground considerably at the cost of the fault principle. Whether the decline of the fault principle in the field of products liability should be welcomed in South African laws depends on the character and purposes of the fault principle compared to that of no fault liability. In addition the conditions normally required for the imposition
of strict liability should be present during the design, manufacturing and distribution
of products. Research conducted in these directions has produced the following results: For convincing reasons the fault principle should be retained In the field of products liability. The case for the introduction of strict liability into this field is even stronger. It is suggested that both bases of liability be available for the victims of defective products. There is little doubt that the fault principle complemented by the risk principle will lead to a sensible and acceptable balance between an economically sound manufacturing section on the one hand and the safety which modern society requires on the other hand.