Liability for Defective Products

Question 1

What are the two sources of liability for defective products?

Answer 1

(1) Liability based on negligence

(2) Statutory liability (CPA 1987)

Question 2

When does the duty of care between a manufacturer and an end consumer of a product arise?

Answer 2

• Manufacturer puts the product into circulation, in the form it is intended to reach the end consumer
• No reasonable probability of an intermediate examination of the product before reaching the consumer

Question 3

When manufacturing a product, WHO is the duty of care owed to?

Answer 3

Anyone whom the manufacturer could reasonably foresee as being injured by a defect in the product.

I.e., could be the user of the product OR someone coming into contact with it

Question 4

When does a retailer (i.e., a party who merely supplies a product to another) owe a duty of care to the end consumer?

Answer 4

When they reasonably ought to have inspected the product for defects before supplying it.

NOTE: Fact dependent- look at whether it is practicable to do so

Question 5

What liability does the Consumer Protection Act 1987 impose on defendants when there is a defect in a product?

Answer 5

Strict liability. Only need to show a defect in the product, not that the defendant was at fault.

Question 6

Under the CPA 1987, who are the potential defendants?

Answer 6

Manufacturer of the product

Anyone who held themselves out as the producer by putting their mark on it

Anyone who imported the product in order to supply it in the course of their business

NOTE: When two or more defendants are liable, they are joint and severally liable (i.e., C can recover from both of them or one of them