LEGAL MEASURES REGARDING LIABILITY FOR DEFECTS IN AUTOMOBILE PRODUCTS

Abstract

This research aims to 1) Study legal issues related to defective products in the category of automobile; 2) Study principles. concepts and theories regarding consumer protection for individuals affected by defective vehicles; 3) Study comparative laws of foreign countries and Thai laws regarding liability for automobile defects; and 4) Propose legal measures addressing liability for defective automobiles. using qualitative research methods. including document research and in-depth interviews. The research results found that consumers currently suffer damages due to defective vehicles; there have been continuous lawsuits to demand that “sellers” be responsible under a sale contract based on the principle of “caveat emptor (let the buyer beware)” according to the Civil and Commercial Code on liability for defective products. which is an inappropriate law for products with engine mechanism manufactured with advanced technology and innovation. Therefore. it is difficult to detect defectiveness at the time of purchase or delivery. In response to this problem. several countries have adopted the principle of “caveat venditor (let the seller beware)” through legislation known as the “Lemon Law”. which requires “manufactures” to exercise caution in production and. if vehicle defects arise. manufacturers shall be responsible by providing either repairs. replacements. return of vehicle or refunds under the terms of the express or implied warranty system. Thailand. however. has yet to implement such legislation. Accordingly. this research proposes the enactment of a law on liability for defects in automobiles in order to create balance between manufacturers and consumers.