77979 - Product Safety and Safety of Services Civil Law

Learning outcomes

The main purpose of the course – within an overview of the current Private Law system – is to enable students to efficiently handle civil law fundamental issues.

The course will present an analysis of the most recent jurisprudence on tort law, aimed at underlying its contribution to the creation of new concepts of civil law due to the incorporation of EU directives into the Italian law.

The teaching method, also supported by seminars and research, will be continually focused on case law.

Consequently, the primary aims of the course are:

- to provide students with a thorough knowledge of one of the core concepts of Private Law (Tort law);

- to highlight its relations to Constitutional and European principles implemented into state laws;

- to acquire a critical approach to the analysis of doctrine and jurisprudence.

Course contents

During the first semester a complete overview of tort law will be provided. The second semester will focus on the product liability system with particular concern given to product liability regulation laws, information and labeling obligations, approval procedures of particular products and quality certification. A specific attention will be given to preventive and compensatory policy tools provided to the consumer considered either individually and as a part of a class.

The analysis of consumer protection tools consisting of the product safety regulation along with the manufacturer's liability system will be conducted in the light of a comparison between EU/US current regulation, with particular focus on the economic implications. Through trial simulations, laboratories, case analysis and research activities, students will actively participate in the course and they will be able to acquire a better understanding of “real life” tort law issues. For this purpose the course will offer a trial simulation.

Attending the course students should establish a strong foundation in the major civil law issues and a specific knowledge of the elements required for a product liability claim. Specific attention will be given to the identification of the key guidelines needed to deal with product liability cases, in particular those regarding products (e.g. mobiles, GMO, alcoholic beverage, drugs, beauty products) compliant with safety regulation standards that, nevertheless turn out to cause heath damages

Part 1 - Tort Law

- Tort law principles;

- Causation;

- Fraud and negligence;

- Vicarious liability

- Strict Liability;

- Liability arising from exercise of dangerous activities;

- Vehicles Circulation;

- Tort law and remedies in contract law;

- Liability arising from performance of professional activities;

- Medical malpractice liability, in the light of Legge 8 marzo 2017, n. 24, “Disposizioni in materia di sicurezza delle cure e della persona assistita, nonché in materia di responsabilità professionale degli esercenti le professioni sanitarie”;

- Pecuniary damages;

- Non pecuniary damages;

- Punitive damages;

- Civil liability of the Public administration.

Part 2 - Product Safety and Product Liability:

• Product safety regulation and predictable risk limitation, a balance between efficient market regulation and public health protection;
• Unidentified risks between producer's liability limitation for development risks and the precautionary principle;

Product liability and product safety system according to Italian and European law.

• The Council Directive 85/374/ECC, the D:P:R 224/1988 and the articles 114-127 cod. cons;
• The concept of “defective product”;
• Areas of application and the compensation of damages caused by the so called “bystanders”;
• Conditions excluding liability;
• The duty to warn and the contributory negligence of the plaintiff;
• Compensatory damages;
• Limitation periods of the right to compensation for damages arising from unlawful acts;
• Producer's liability according to sectoral and civil law;
• Claims limitations;
• Potential defendants in product liability claims.

Readings/Bibliography

A thorough re-reading of the general rules on the law of obligations, the sources of obligations and expecially tort law (Italian civil code, articles 2043-2059) is essential. 

In this regard, F. Galgano, Manuale di Diritto privato, Padova (the last available issue, and the relevant chapters), is the reccomended text, since it provides the appropriate framework of the foundations of the above mentioned topics.

The other textbooks to be entirely studied are:

- Pietro Trimarchi, La responsabilità civile. Atti illeciti, rischio danno, di prossima pubblicazione, Milano, 2019, entirely;

- E. Al Mureden, Sicurezza dei prodotti e responsabilità del produttore, Casi e materiali, II ed., Giappichelli, Torino, 2017, entirely.

 

For students which need credits integrations:

1 CREDIT: E. Al Mureden, Sicurezza dei prodotti e responsabilità del produttore, Casi e materiali, II ed., Giappichelli, Torino, 2017, pp. 1-78.

2 CREDITS: E. Al Mureden, Sicurezza dei prodotti e responsabilità del produttore, Casi e materiali, II ed., Giappichelli, Torino, 2017, pp. 1-144.

3 CREDITS: E. Al Mureden, Sicurezza dei prodotti e responsabilità del produttore, Casi e materiali, II ed., Giappichelli, Torino, 2017, pp. 1-200.

4 CREDITS: E. Al Mureden, Sicurezza dei prodotti e responsabilità del produttore, Casi e materiali, II ed., Giappichelli, Torino, 2017, pp. 1-261.

5 CREDITS: E. Al Mureden, Sicurezza dei prodotti e responsabilità del produttore, Casi e materiali, II ed., Giappichelli, Torino, 2017, pp. 1-358 (entirely).

6 to 12 CREDITS: E. Al Mureden, Sicurezza dei prodotti e responsabilità del produttore, Casi e materiali, II ed., Giappichelli, Torino, 2017, pp. 1-358 (entirely), plus a selection of chapters, to be agreed with Prof. Martino, from Pietro Trimarchi, La responsabilità civile. Atti illeciti, rischio danno, di prossima pubblicazione, Milano, 2019,

 

Teaching methods

Lessons will be taught by Professor Marco Martino and by another lecturer, for a limited segment of the course content.

The analysis of case law may be supervised by tutors also.

The teaching method combines lectures and work groups aimed at stimulate students learning.

During lectures, course contents will be explained with a particular attention to case law.

Attending students will be able to study cases through small working groups where they will be able to produce their own solution to cases.

Students will be offered the opportunity to take part in a trial simulation during the first and the second part of the course, as a conclusion of the case law analysis.

 

Assessment methods

The course will cover the entire academic year and for students that will satisfy the attendance requirements will be possible to take the exam in all sessions from May.

The assessment of the interview will be carried out taking into consideration:

• the knowledge of institutional profiles;
• the ability to analyze the jurisprudential and doctrinal guidelines;
• the ability to make connections between the different parts of the program;
• the ability to develop critical arguments;
• the exposure articulation;
• the accuracy of the exposure.

Registration for the intermediate exam can be made through a special list that will be distributed at the end of the first cycle of lessons.

Registration for the final exam must be done using the Almaesami application ( https://almaesami.unibo.it/almaesami/welcome.htm ).

Student that will attend a minimum of 80% of the scheduled course hours will have the possibility to take an oral exam on the first part of the program by the end of the first semester. The evaluation of this exam will interact with the final grade and the final exam will only cover the second part of the program, as long as the attendance requirements will be maintained.

The attendance will be recorded by signing the relevant attendance sheet.

Students are allowed to take the Civil Law examination only after having taken Private Law and Public Law.

Degree thesis

The degree thesis will be assigned by Prof. Marco Martino after an interview.

Students will be supervised by a tutor provided by Prof. Marco Martino

Teaching tools

Some of the topics covered in class will be explained through slides representing logical connections between private law topics in order to facilitate learning. Other supporting materials (legal cases, documents, legal texts, slides) will be made available to students on the website.

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Erasmus students can ask to the Professor adjustment of the program according their learning agreement.

Office hours

See the website of Marco Martino

See the website of Carlotta Ippoliti Martini