FPL W46

Question 1

What is strict liability?

Answer 1

Strict liability is a legal concept in tort law where a defendant can be held liable for harm caused to the plaintiff without the need to prove fault or negligence.

Question 2

What differentiates strict liability from negligence or intentional torts?

Answer 2

Strict liability does not require the plaintiff to demonstrate that the defendant acted carelessly or with malicious intent.

Question 3

What is the main focus for strict liability?

Answer 3

In cases of strict liability, the focus is primarily on the defendant’s conduct and whether it caused harm to the plaintiff.

Question 4

For strict liability,

What is employer’s liability?

Answer 4

Employer liability is considered strict, meaning it applies even in the absence of duty of care.

Question 5

What are the requirements for employers’ liability?

(Strict Liability)

Answer 5

1. An employer-employee relationship, mostly meaning a contract between the two.
2. The tort will have been committed as a result of an activity being taken by the employee on behalf of the employer as part of the business activity. Employers are found liable if the tort has some connection to the employment.

Question 6

What do we apply for product liability in Europe?

Answer 6

When we apply product liability in Europe, we use the EU Directive on liability for defective products (Product Liability Directive).

Question 7

What is the definition of ‘product’ and where do you find it?

Answer 7

Product means all movables, even if incorportated into another movable or into an immovable. It includes electricity.

Can be found in art. 2 of the Product Liability Directive.

Question 8

What is the definition of ‘consumer’?

Answer 8

A consumer is a natural person who is acting outside of the scope of an economic activity (trade, business, craft, liberal profession).

Question 9

What is the definition of ‘producer’ and where do you find it?

Answer 9

Producer means the manufacturer of a finished product, producer of a raw material or the manufacturer of a component part, and any person who, by putting their name, trademark or other distinguishing feature on the product, presents themselves as producer.

Can be found in art. 3 of the Product Liability Directive.

Question 10

In the EU, how can an importer be deemed producer?

Answer 10

Any person who imports into the (EU) Community a product for sale, hire, lease or any form of distribution in the course of their business shall be deemed producer and responsible as a producer.

Can be found in art. 3 of the Product Liability Directive.

Question 11

In the Eu, how can a supplier be deemed producer?

(Not talking about importers into the Eu)

Answer 11

Where the producer of a product cannot be identified, each supplier of the product shall be treated as its producer unless they inform the injured person, within reasonable time, of the identity of the producer or an upstream supplier.

Can be found in art. 3 of the Product Liability Directive.

Question 12

What is joint liability and where do you find it?

Answer 12

Where, as a result of the Product Liability Directive, two or more persons are liable for the same damage, they’ll be liable jointly and severally, without prejudice to the provisions on national law concerning the rights of contribution or recourse.

Can be found in art. 5 of the Product Liability Directive.

Question 13

How is product liability established in the EU and English law?

Answer 13

The injured person shall be required to prove the damage, the defect and the causal relation between the defect and damage.

Can be found in art. 4 of the Product Liability Directive.

Question 14

Under the Product Liability Directive,

What does ‘damage’ mean?

Answer 14

Damage means
a. damage caused by death or injury, or
b. damage to, or destruction of, any item of property itself other than the defective product itself, with a lower threshold of 500 euro.

Can be found in art. 9 of the Product Liability Directive.

Question 15

Under the Product Liability Directive,

When is a product defective?

Answer 15

A product is defective when it doesn’t provide the safety which a person is entitled to expect, taking all circumstances into account, including:
a. the presentation of the product,
b. the use to which it could reasonably be expected to be put, and
c. the time that the product was put into circulation.

Can be found in art. 4 of the Product Liability Directive.

Question 16

What are the defences against product liability?

Answer 16

The producer shall not be liable if they prove:
a. they didn’t put he product into circulation;
b. with regard to the circumstances, it’s probable that the defect which caused the damage did not exist at the time when the product was put into circulation by them or that this defect came into being afterwards;
c. the product was neither manufactured by them for sale or any form of distribution for economic purpose nor manufactured or distributed by them in the course of their business; or
d. the defect is due to compliance of the product with mandatory regulations issud by public authorities.

Can be found in art. 7 of the Product Liability Directive.

Question 17

When is there no defense againt product liability?

Answer 17

Defenses cannot exclude or limit liability in relation to personal injury.

Can be found in art. 12 of the Product Liability Directive.

Question 18

What does art. 10 of the Product Liability Directive say on a time-limit?

Answer 18

A time limitation period of three years shall apply to proceedings for the recovery of damages. The limitation period shall begin to run from the day on which the plaintiff became aware, or should reasonably have become aware, of the damage, the defect and the identity of the producer.

Question 19

What does art. 11 of the Product Liability Directive say on a time-limit?

Answer 19

The rights conferred upon the injured person pursuant to the Product Liablilty Directive shall be extinguished upon the expiry of a period of 10 years from the date on which the producer put into circulation the actual product which caused the damage, unless the injured person has in the meantime instituted proceedings against the producer.

Question 20

How are remedies determined?

Answer 20

Remedies are determined at the nationa level. They usually restore the consumer to the level of safety had the product conformed to the levels of safety that the consumer could have expected.

Question 21

What options does the producer have to manage (limit) liability under the Product Liability Directive?

Answer 21

To manage product liability under the Directive, the producer has the following options:
1. full-scale recall;
2. mending the defect or defective goods;
3. issue warnings, statements and press notices to alert customers and/or the public; and/or
4. inform retailers, resellers and distributors about the defect.

Question 22

What are the justifications for tort liability?

Answer 22

1. Necessity (force majeure / emergency)
2. (Self-)defense
3. Statutory (or other legal) authority
4. Execution of a lawfully given official order
5. Consent
6. Contributory negligence

Question 23

What is the definition of necessity?

Answer 23

Necessity is a defense that justifies an otherwise tortious act when it’s committed in an emergency situation to prevent greater harm. It’s often called ‘force majeure’.

Question 24

What is the definition of self-defense?

Answer 24

Self-defense allows individuals to use reasonable force to protect themselves, others, or their property from imminent harm.

Question 25

What is the definition of stututory (or other legal) authority?

Answer 25

When an individual is authorized by law to perform an act that would otherwise be considered a tort, they’re protected by statutory or legal authority.

Question 26

What is the defense: execution of a lawfully given official order?

Answer 26

Execution of a lawfully given official order is applicable when individuals act under the direction of a lawfully given official order, even if their actions would constitute a tort under normal circumstances.

Question 27

What is the definition of consent?

Answer 27

Consent is a defense that applies when a person willingly agrees to an action that, in the absence of consent, would be considered a tort. It relies on the principle that individuals have the right to control what happens to their bodies and property.

Question 28

What is the definition of contributory negligence?

Answer 28

Contributory negligence is a defense that arises when when the claimant’s own negligence contributes to their harm. In such cases, the defendant may argue that the claimant’s negligence played a significant role in causing the harm, thus justifying the defendant’s actions.