Cases - Product Liability

Question 1

Contract Law - privity of contract

Answer 1

Winterbottom v Wright

Question 2

Negligence

Answer 2

Donoghue v Stevenson

Question 3

Negligence - manufacturer

Answer 3

Donoghue v Stevenson

Question 4

Negligence - ultimate consumer

Answer 4

Donoghue v Stevenson

Question 5

Negligence - no recovery for pure economic loss

Answer 5

Murphy v Brentwood DC

Question 6

Negligence - 2nd hand car dealer = manufacturer

Answer 6

Andrews v Hopkinson

Question 7

Negligence - C hit by a wheel that came off a lorry was an ultimate consumer

Answer 7

Stennet v Hancock

Question 8

Negligence - duty to recall products if no longer as advertised

Answer 8

Hobbs ltd v Baxenden Chemical Co

Question 9

Negligence - negligence inferred from carelessness

Answer 9

Grant v Australian Knitting Mills

Question 10

Negligence - no breach when a faulty car ‘sold with warrant’

Answer 10

Hurley v Dyke

Question 11

Negligence - excludes exclusion clauses

Answer 11

Unfair Contract Terms Act 1977

Question 12

Negligence - broken chain of causation

Answer 12

Evan v Triplex Glass

Kubach v Hollands

Question 13

CPA - non-defect products and key quotes

Answer 13

Richardson v LRC products - clear warnings
Bogle v McDonalds - ‘legitimate consumer expectations’
Pollard v Tesco - consumers didn’t know what the British design standard was so didn’t matter it fell below it (weird ruling, CA)

Question 14

CPA - defective products

Answer 14

Abouzaid v Mothercare - harm was avoidable, could have provided warning, ‘general expectation’ for it to be safe

A v National Blood Authority - public have a ‘general expectation’ for blood to be safe