Please use this identifier to cite or link to this item:
Tort Liability for Defects of Buildings: Damages on Commodity Injury
Commodity Injury;Pure Economic Loss;Tort Law;Product Liability;Building Defects;Consequential Loss;Consumer Protection Law
|Issue Date:||2017-11-07 14:43:17 (UTC+8)|
The Taiwan Supreme Court holds that the injured party is entitled to claim damages for losses suffered due to a defective building that results in the decrease in value of the building under Article 184 (2) of the Taiwan Civil Code. The high court further declares that the injured party is allowed to claim damages for the defective building based on Article 7 of the Taiwan Consumer Protection Act. These decisions are concerned with the intriguing issue of tort liability for the commodity injury. This paper undertakes a comparative study on the product liability and tort liability on the commodity injury, including US, UK, Germany and Canada laws. Comparative law indicates that the buyer of a product is not allowed to claim damages due to the defect of the products under the consumer protection act. Nonetheless, it is controversial as to whether a buyer of a defective building is entitled to claim compensation on the ground of the tort liability. It is submitted in this paper that the buyer should be allowed to claim damages for defective buildings under tort liability, especially in the event the buildings are destroyed in an earthquake. The ground for the injured party to make such a claim is based not on Article 184 (2) but on the second sentence of Article 184 (1) of the Taiwan Civil Code.
|Relation:||政大法學評論, 143, 61-122|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
Files in This Item:
All items in 學術集成 are protected by copyright, with all rights reserved.