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Full-Text Articles in Consumer Protection Law
The Applicability Of The Consumer Protection Law In Medical Malpractice Disputes In Taiwan, Ya-Ling Wu
The Applicability Of The Consumer Protection Law In Medical Malpractice Disputes In Taiwan, Ya-Ling Wu
Washington International Law Journal
The issue of whether or not no-fault liability under the Consumer Protection Law (“CPL”) applies in medical malpractice disputes has been a contentious battle in Taiwan. In Bo-Li Li v. Mackay Memorial Hospital, the Taipei District Court interpreted medical care as “services” under Article 7 of the CPL. Under this interpretation, patient services must meet “reasonably expected safety standards,” while health care providers are subject to no-fault liability. This interpretation was strenuously opposed by the medical profession and invoked much debate over its validity in the legal field. After the Bo-Li case, the lower courts expressed different views on …
The Taiwan Consumer Protection Law: Attempt To Protect Consumers Proves Ineffective, Carol T. Juang
The Taiwan Consumer Protection Law: Attempt To Protect Consumers Proves Ineffective, Carol T. Juang
Washington International Law Journal
Consumer protection is a relatively new social issue in Taiwan. With the passage of the Taiwan Consumer Protection Law ("CPL"), the government of Taiwan has taken a tremendous step towards the protection of its consumers' rights. However, industry leaders as well as consumers have voiced concerns over many of the provisions and terms in the CPL. Consumers have not taken advantage of the CPL as a means of legal recourse for product-related injuries, and industry groups have asked the government to reexamine particular aspects of the CPL. Such reaction has essentially rendered the CPL an unproductive piece of legislation.