Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - PRODUCT LIABILITY ACTIONS BY FOREIGN PLAINTIFFS IN THE UNITED STATES
PRODUCT LIABILITY ACTIONS BY FOREIGN PLAINTIFFS IN THE UNITED STATES by Warren Freedman. Kluwer, Deventer and London (1988, xix and 288 pp., plus 4 pp. Index). Harback £41.50.
This book is notable for its disorder and confusion. Few principles or rules are clearly stated. The accounts of cases are frequently unenlightening as to the facts, issues and decisions. What is said in any particular place may bear little relation to the title of the chapter or section, to preceding or succeeding paragraphs, or to other sentences in the same paragraph. The relevance of footnotes to the text to which they are supposed to relate is sometimes hard to fathom. A passage of about 10 lines at the top of p. 282 is reproduced almost identically on p. 283.
Two illustrations of the lucidity of the writing:
The UNITRAL Model Law is divided into eight chapters and 36 articles, and contains many new and fascinating ideas. Under Article 3 written communications are deemed received if delivered on the day delivery was made …;
The doctrine of forum non conveniens as the crucible raises the insurmountable question as to whether US courts should retain jurisdiction and not dismiss the law suits because to do the latter might jeopardize success on part of the foreign plaintiffs who would be relegated to their inadequate home forum, which means that justice delayed may well be justice denied. Favoring US litigation are also such factors as social, political and economic justice available in US courts as a showcase for international comity, despite the financial burden of the trial upon the US court and the financial burden of indigent India plaintiffs to come to the US for trial, and despite the liberality of the contingency fee system.
The book cannot be recommended.
A. J. E. Jaffey
Senior Lecturer in Law, University of Exeter.
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