LAWG 101D2 Lecture Notes - Lecture 16: Force Majeure, Vale Limited, Napoleonic Code
23 Jan 2018
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The same rule applies where there is a lack of instructions necessary for the protection of the user against a risk or danger of which he would otherwise be unaware. The merchant or the manufacturer shall not plead that he was unaware of the defect or lack of instructions. The rights of action against the manufacturer may be exercised by any consumer who is a subsequent purchaser of the goods. Josserand, de la responsabilit [366: comparison to professional risk: professional risk needs to enter in the general costs of an industrial enterprise. If we substitute industrial risk with things, the obligation exists stemming from the thing and the risk created. It will not apply unless damages were actually caused by the thing (not if force majeure or fault of the user) It has its foundation in the notion of risk created .
