A Comparison of Liability of Sellers of Defective Avian Vaccines in the United States and Thailand

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Sakda Thanitcul Kansak Bejrananda

Abstract

Manufactures and seller of defective avian vaccines in the United States are liable to buyers, the great majority of whom are commercial chicken broiler farms (production contract farms), under the implied warranty of sale contract, not under the strict product liability in The Restatement of Tort (second) (Product Liability Law). Sellers of defective avian vaccines in Thailand are liable to buyers, the great majority of whom are also commercial chicken broiler farms (contract farming operators), under the implied warranty of Section 472 of the Thai Civil and Commercial Code (Thai CCC) and also Section 26 of the newly enacted Promoting and Developing Contract Farming Act B.E.2560. Sellers of defective avian vaccines in Thailand are liable to buyers, who are independent chicken broiler farm operators under Section 472 of the Thai CCC. Sellers of defective avian vaccine in Thailand are not liable under the Thai Product Liability Law because buyers in the aforementioned situations are not “consumers” but “commercial end users” of the avian vaccines.

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Research Articles