問17
頻出度★★☆
PL法 (製造物責任法) の保護の対象はどれか。
平成26年度 春期 ITパスポート試験 問17
ストラテジ系法務 › 労働関連・取引関連法規
This question's explanation and your answers so far.
解説
問 17
Incorrectア
A retailer only buys products and resells them as part of the distribution chain, so it is not what the PL Act protects. In principle a retailer is also not one of the liable parties (manufacturers and the like) under the PL Act, and unless an exception applies — such as putting the product out under its own brand name — it bears no product liability. What the PL Act is aimed at is relief for consumers harmed by defective products.
- イ
正解 The correct answer is «イ Consumer». The PL Act (Product Liability Act) provides that when a defect in a product causes harm to a person's life, body, or property, the victim can claim damages from the manufacturer and other liable parties. Under ordinary tort liability in civil law, the victim must prove the other party was negligent; under the PL Act, however, it is enough to show that the product had a defect, that damage occurred, and that there is a causal link between them — the manufacturer's negligence does not have to be proven. This lighter burden of proof exists to provide relief for consumers, who have neither the expert knowledge nor the information the maker has. In short, what the PL Act protects is the consumer harmed by a defective product, so イ is correct.
Incorrectウ
The manufacturer is not the party the PL Act protects; on the contrary, it is the party made liable for damages caused by a defective product. This choice mixes up the protected party with the liable party, so it is wrong.
Incorrectエ
An importer, as the party that brings a product manufactured overseas into the country, is also counted among the manufacturers and other liable parties under the PL Act, so it is on the side that bears liability. Because it is hard for a victim to sue an overseas manufacturer, the law makes it possible to pursue the domestic importer instead — the importer is not the protected party.
ここがポイント
- The PL Act (Product Liability Act) is a law that protects consumers (victims) harmed by a defect in a product. Keep the roles straight: the consumer is the one protected, while manufacturers, processors, importers and similar parties are the ones held liable.
- Under the PL Act, a consumer does not have to prove the manufacturer was negligent; showing the defect, the damage, and the causal link between them is enough to claim compensation (liability without fault). This is what makes it different from ordinary tort liability under civil law.
用語