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    Chapter 14, Reaction Paper - Product and Service Liability

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    ayen cusi
    This document discusses product and service liability under Philippine law. It covers four bases for liability: fraud, warranty, negligence, and strict liability. The New Civil Code and Consumer Act govern liability determinations. Fraud claims can proceed independently in civil court with a preponderance of evidence standard. Warranties are addressed in both codes, covering seller representations and obligations of manufacturers. Negligence allows compensation if a provider failed its duty of care. Strict liability under the codes applies even without a contractual relationship if defective products or services cause harm.

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    Chapter 14, Reaction Paper - Product and Service Liability

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    ayen cusi
    94 views2 pages
    This document discusses product and service liability under Philippine law. It covers four bases for liability: fraud, warranty, negligence, and strict liability. The New Civil Code and Consumer Act govern liability determinations. Fraud claims can proceed independently in civil court with a preponderance of evidence standard. Warranties are addressed in both codes, covering seller representations and obligations of manufacturers. Negligence allows compensation if a provider failed its duty of care. Strict liability under the codes applies even without a contractual relationship if defective products or services cause harm.

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    This document discusses product and service liability under Philippine law. It covers four bases for liability: fraud, warranty, negligence, and strict liability. The New Civil Code and Consumer Act govern liability determinations. Fraud claims can proceed independently in civil court with a preponderance of evidence standard. Warranties are addressed in both codes, covering seller representations and obligations of manufacturers. Negligence allows compensation if a provider failed its duty of care. Strict liability under the codes applies even without a contractual relationship if defective products or services cause harm.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    94 views2 pages

    Chapter 14, Reaction Paper - Product and Service Liability

    Uploaded by

    ayen cusi
    This document discusses product and service liability under Philippine law. It covers four bases for liability: fraud, warranty, negligence, and strict liability. The New Civil Code and Consumer Act govern liability determinations. Fraud claims can proceed independently in civil court with a preponderance of evidence standard. Warranties are addressed in both codes, covering seller representations and obligations of manufacturers. Negligence allows compensation if a provider failed its duty of care. Strict liability under the codes applies even without a contractual relationship if defective products or services cause harm.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PRODUCT AND SERVICE LIABILITY

    (Ronald Arvin C. Cusi)

    The chapter tackles the liability of manufacturers and sellers as to


    damages resulting from their defective product whether the basis may be the
    following; fraud, warranty, negligence and strict liability.

    There are two governing code in determining the liability under the
    product and service liabilities, the New Civil Code and the Consumer Act.

    Fraud under Article 33 of the New Civil Code, “In cases of


    defamation, fraud, and physical injuries, a civil action for damages, entirely
    separate and distinct from the criminal action, may be brought by the injured
    party. Such civil action shall proceed independently of the criminal
    prosecution, and shall require only a preponderance of evidence;” while
    Fraud as governed by the Consumers Act states that the prohibited deceptive
    sales acts and practices are provided for in Article 50 while the unfair or
    unconscionable sales acts and practices are enumerated in Article 52.

    As to the warranties, the provisions on warranties are found in the


    New Civil Code – Articles 1547, 1561, 1562, 1563 to 1571, which surmises
    any affirmative of fact or any promise by the seller relating to the thing, the
    necessary tendency of which is to induce the buyer to purchase the same,
    and the buyer purchases the thing relying thereon. On the other hand, the
    warranties as provided for by the Consumers Act contains provisions
    imposing warranty obligations on the manufactures and sellers; recognizes
    that the provisions of the Civil Code on conditions and warranties shall
    govern all contracts of sale with conditions and warranties; and, other
    provisions of the Consumer Act added certain rules that govern warranties in
    sale of consumer products.
    In cases of negligence, if a manufacturer or service provider is proven
    as to failed to exercise the required diligence in maintaining their services or
    products, then the plaintiff is entitled to be compensated or indemnified
    through damages.

    The doctrine of strict liability could also govern the indemnification of


    the plaintiff or the offended party. Under Article 2187 of the New Civil
    Code, Manufacturers and processors of foodstuffs, drinks, toilet articles and
    similar goods shall be liable for death of injuries caused by any noxious or
    harmful substances used, although no contractual relation exists between
    them and the consumers. Likewise, under the Consumers Act, Article 97 –
    provides for liability for defective products ‘independently of fault’ while
    Article 99 – strict liability even extends to services. Services under this
    article means, ‘with respect to repair and service firms, services supplied in
    connection with a contact for construction, maintenance, repair, processing,
    treatment or cleaning of goods or of fixtures on land, or distribution of
    goods, or transportation of goods.

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