Conflict of Laws in Product Liability and Choice of Law Rule

Abstract

The trend of globalization causes an increase in the rapid and convenientmovement of persons, goods and products resulting in legal challenges thatinvolve foreign elements. One of the legal relations is concerned with productliability derived mainly from tort. An increase in the movement of persons andgoods lead to an increase in product liability claims, and the frequent shipmentof goods to distant points makes an increase in claims against foreign suppliersinevitable. The choice of law rule applied by courts with respect to claimsarising from a tort committed abroad has remained static for about threequartersof a century. Attempts have been made to find a connecting factor thatwould better fit the circumstances giving rise to such damage claims. The aim ofthis paper is to analyze the surrounding issues and policies that govern productliability action.

Keywords

• applicable law
• consumer protection
• tort
• product liability