Chapter 14: Tort Liability for Defective Goods

Question 1

tort of negligence

Answer 1

gives the right to persons who have suffered damage to themselves or to their property, against a party who has failed to take reasonable care for those persons safety

Question 2

claim of negligence, prove (3)

Answer 2

1. the defendant owed the claimant a duty of care
2. the defendant failed to perform this duty (breach of duty)
3. as a result claimant suffered damage (consequential damage)

Question 3

duty of care

Answer 3

a person undertaking an activity or course of behaviour owes a duty not to harm any person reasonably expected to be caused loss/damage as a result

Question 4

neighbour principal

Answer 4

states that everyone must take sensible care to avoid acts or omissions which can be foreseen reasonably that are likely to injure a neighbor.

Question 5

ultimate consumer

Answer 5

who is harmed by defective goods, doesn’t need to be the buyer

Question 6

limits to the duty of care (3)

Answer 6

1. reasonable foreseeability
2. proximity
3. public interest

Question 7

proximity (3)

Answer 7

1. goods are no longer under the defendants control
2. too much time has elapsed since the product left the defendant
3. claimant has failed to take the reasonable precautions before or when using the product

Question 8

consequential economic loss

Answer 8

loss of goodwill, loss of business reputation, and other loss proximately resulting from a defective product beyond direct economic loss

Question 9

Consumer Protection Act 1987

Answer 9

• introduced strict liability

Question 10

strict liability

Answer 10

claimant is relied of having to prove any intent or carelessness on part of the defendant

Question 11

fault liability

Answer 11

require the claimant to prove that the defendant was at fault

Question 12

potential defendants under the CPA

Answer 12

1. the producer
2. the self branding supplier
3. the importer
4. the supplier

Question 13

defective

Answer 13

means dangerous (unsafe); no liability unless the product actually causes damage

Question 14

defective: determining a reasonable standard (3)

Answer 14

1. the packaging and any warnings or instructions
2. the normal uses of the product
3. the time when the product was issued

Question 15

actionable damage

Answer 15

covers death, personal injuries and damage to property which the claimant is not using for business purposes

Question 16

causation and liability

Answer 16

claimant must prove that the defect was the cause of the damage claimed, since the liability is strict claimant ]does not have to prove that the defendant was careless

Question 17

defences under the CPA (4)

Answer 17

1. goods comply with safety standards
2. goods became defective after they were supplied
3. state of the art/developments risk
4. the defendant did not at any time supply the product to another in the course of business