Defective Products

Question 1

What 4 criteria must be met for a duty to be owed under the narrow rule in Donaghue v Stevenson?

Answer 1

1. Defendant is a manufacturer.
2. Item is a product.
3. Claimant is a consumer.
4. Product reached consumer in same state as it left manufacturer, with no reasonable possibility of intermediate examination.

Question 2

Can an installer be a manufacturer?

Answer 2

Yes - Haseldine v Daw.

Question 3

Can a repairer be a manufacturer?

Answer 3

Yes - Stennet v Hancock.

Question 4

Can a supplier be a manufacturer?

Answer 4

Yes, if they can reasonable be expected to test/inspect the product - Andrews v Hopkinson.

Question 5

How can a manufacturer avoid liability in respect of intermediate examination?

Answer 5

Intermediate examination must be very likely, and must be of a type which would show the defect - Kubach v Holland.

Question 6

Will the duty of a manufacturer extend to pure economic loss?

Answer 6

No - Murphy v Brentwood.

Question 7

What is the expected standard of care for a manufacturer?

Answer 7

The reasonable manufacturer.

Question 8

Must the claimant prove breach of duty? Will res ipsa loquitur be available?

Answer 8

Yes. Res ipsa loquitur will not be available - Donaghue v Stevenson.

Question 9

Will the courts be willing to infer a breach? 2 cases.

Answer 9

Yes, if the evidence is compelling - Grant v Australian Knitting Mills; Carroll v Fearon.

Question 10

What is the test for causation in fact for defective products?

Answer 10

‘But for’ - Evans v Triplex Glass.

Question 11

For a claim under the CPA 1987, what is the test for causation in fact?

Answer 11

‘But for’ test.

Question 12

For a claim under the CPA 1987, what is the test for causation in law?

Answer 12

The Act is silent - probably the ‘direct consequences’ test in Re Polemis.

Question 13

Under the CPA 1987, will a manufacturer be liable even where the defect is unavoidable?

Answer 13

Yes - strict liability - A v National Blood Authority.

Question 14

What is the standard for the ‘state of scientific/technical knowledge’ defence?

Answer 14

The highest state of knowledge anywhere in the world at the time of the breach - Commission v UK.

Question 15

Who can bring a claim in contract for a defective product, and against whom?

Answer 15

The purchaser, or anyone who can enforce rights under Contract (Rights of 3rd Parties) Act 1999. Against supplier only.

Question 16

What are 2 benefits of a contractual claim?

Answer 16

1. Don’t have to prove breach, as strict liability.

2. Can recover for pure economic loss.

Question 17

Where there is sale of goods or supply or services, what statutes should you consider?

Answer 17

Sale of Goods Act 1979; Supply of Goods and Services Act 1982.

Question 18

Aim of damages in contract? Case.

Answer 18

Put C in position he would have been in had contact been performed - Robinson v Harman.

Question 19

Case for remoteness of damages in contract?

Answer 19

Hadley v Baxendale.