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Analysis of Legal Application of Cosmetic Product Tort Dispute through Product Liability System

Author: HuBin
Tutor: WangYueLong
School: East China University of Political Science
Course: Legal
Keywords: Tort Law Products liability Cosmetic Cosmetic product default
CLC: D923.8
Type: Master's thesis
Year: 2012
Downloads: 126
Quote: 0
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Abstract


Product liability has already been a mature tort form which has beenput into law in worldwide; however the study of product liability is notclear enough, so a lot discuss is to be done for different products. Thisthesis put the systematic theory of product liability and analytic modelinto the process of study of cosmetic product tort liability for thefollowing purposes: one, correspond and check, to analyze cosmeticproduct tort liability with the theory of product liability; two, analyzespecial product type, to deepen the understand and study of the productliability system in the process of analyzing and establishment of legalapplication of the cosmetic product tort liability which extend fromspecial products to general products.There is similarity and difference in different product liability.From the perspective of empirical analysis, the legal application ofcosmetic product tort dispute is based on the full understanding of theproduct liability theory and flexible application of the analysis modelof product liability. From the perspective of comparison analysis, a moreexquisite research is to be finished in the field of cosmetic productdefault confirmation, prove of causation, bear of the tort responsibility and the consummation of relief mechanism.This thesis not only pays attention to the other countries’regulation but also collect the dispute cases in cosmetic products whiletalking about legal application. The thesis combines the reality withtheory, indoors with outdoors for strengthening theoretical support andpractices guidance of cosmetic product security.In the beginning, the author proves that the study of cosmetic productliability mechanism have practical meaning by inspecting the cosmeticproduct security incident and the2011consumers’ association statisticreport; citing two cosmetic cases, which leads to the need of confirmationof cosmetic product default, causation, bear of tort responsibility andrelief mechanism, as well as the importance of theory research of cosmeticproduct responsibility.In the theoretical foundation part of product liability, the authorgives the notation of product, product liability, product default;careful analysis of imputation principles; carding the tort scope,causation and contradicting causes of product liability, which draw theline of fundamental analysis model of this thesis and lay the theoreticalfoundation for below words.In the part of cosmetic product liability legal application, theauthor firstly gives a full research of what is the cosmetic product bytalking about cosmetic product’s notion and the scope of cosmetic product,which is the top priority of cosmetic product liability. Secondly, throughthe classification of professional knowledge, relevant cases,unreasonable danger standard as well as the national and occupationalstandard, the author gives the idea of cosmetic defect which isindispensable for cosmetic product liability. Thirdly, the author seizesthe facts of damages by introducing the diagnosing method of cosmeticproduct skin disease, seizes the causality argument by introducing decision procedure of cosmetic product causality and the list of commonreason for cosmetic product skin disease. Fourthly, the author clarifiesthe subject of legal responsibility by analyzing the responsibility ofcosmetic producer and sellers. Finally, the author talked about not onlythe cosmetic self-damage, personal loss and spirit compensation as wellas punitive damages, but also contradicting causes of cosmetic producersand other contradicting causes from cosmetic producer and consumers forconsummation of the rescues systems of cosmetic product liability.In conclusion, the author discuss proposals from legal applicationof cosmetic products tort disputes in seven fields, so as to provide sometheory support and practical guidance in cosmetic products liabilitymechanism, or even in product liability.

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