The Basis of Civil Liability in Automobile Manufacturing in Iranian and English Law
Subject Areas : Civil liabilityReza Jahan Panah 1 , Qasem Qasemi Bivarzani 2
1 - Master’s Degree in Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.
2 - Assistant Professor of Islamic Theology and Teachings, Department of Islamic Theology and Teachings, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.
Keywords: Civil Liability, Damage, Automobile Manufacturers, Attribution, Iranian Law, English Law,
Abstract :
One of the areas that brings many challenges in legal systems around the world is the issue of civil liability in automobile manufacturing. A manufacturer is responsible for damages caused by defective vehicles. The increase in traffic accidents has made the civil liability of automobile manufacturers more prominent. If a manufacturer produces a vehicle that is defective and it leads to bodily injury, financial loss, or other damages, the manufacturer will be responsible for compensating the losses.A question that arises in this context is whether proving the fault of the manufacturer is necessary for establishing liability. Another question is whether every defect in a vehicle results in the liability of the manufacturer. Studies indicate that only three types of defects—design defects, manufacturing defects, and warning defects—lead to the manufacturer’s liability. In cases of design defects and manufacturing defects, the fault of the manufacturer in relation to the connection between the act and the defect must be proven. However, in the case of warning defects and the relationship between the defect and the damage caused, mere causation is sufficient.In English law, product liability law is relatively new. Traditionally, liability for defective products was addressed either under contract law, if a contract existed between the claimant and the defendant, or under the general law of tort after that. Therefore, this article attempts to examine the basis of civil liability in automobile manufacturing in the legal systems of Iran and England through a comparative approach and a descriptive–analytical method.
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