NEGLIGENCE- product liability

Question 1

what is product liability?

Answer 1

liability of manufacturers /producers to anyone suffering injury/damage as a result of coming into contact with manufacturers defective product

Question 2

what is in addition of manufacturer being sued in normal neg?

Answer 2

may be liable under the act for product liability if any damage is caused

Question 3

what is the act for product liability called?

Answer 3

consumer protection act 1987

Question 4

what is liability for this

Answer 4

strict

Question 5

what is the section called for product & producer?

Answer 5

s 1

Question 6

what is product for purposes of cpa?

Answer 6

any product (goods/electricity) inc components- wont apply to services if so that is normal negligence

Question 7

what is the section called for defect

Answer 7

s 3

Question 8

what is defect for purposes of cpa?

Answer 8

needs to be general defect in product to sue e.g electricuted. safety not up to standards that someone would expect

Question 9

what does defect actually mean?

Answer 9

not quality but safety

Question 10

what is tested to apply for min standards

Answer 10

ce

Question 11

what is defect in other words?

Answer 11

r.m.t

Question 12

what is damage for purpose of cpa?

Answer 12

needs to be death/p.i/property(sue under tarriff) no damages rewarded if does not exceed £275 this ensures that courts not bogged down with trivial amounts (policy reason) and typical damage application

Question 13

what makes damage more restricted and what section ?

Answer 13

no liability in respect of loss of or damage to the product itself/any product of it

Question 14

what is meant by producer for purpose cpa and what section ?

Answer 14

who you sue s 2 (2)-
a producer
someone who puts his name/trademark on it
someone who imported it into EU

Question 15

what is the acronym for defences?

Answer 15

PPDDD

Question 16

how many defences are they?

Answer 16

7

Question 17

what is the 1st defence subsection?

Answer 17

s 4 (1)(a)

Question 18

what is s 4 (1)(a)?

Answer 18

defect in product was attributable to compliance with a statutory or EEC requirement-d would not be liable as he was merely doing what law required him to do e.g if warning label is inadequate and misleading

Question 19

what is 2nd defence subsection?

Answer 19

s 4 (1)(b)

Question 20

what is s 4 (1)(b)?

Answer 20

if manufacturer has not put his product in circulation e.g design stolen and put into circ by another = complete defence

Question 21

what is 3rd defence subsection?

Answer 21

s 4(1) (c)

Question 22

what is s 4 (1) (c)?

Answer 22

the product was not supplied in course of a business- you did not make it

Question 23

what is 4th defence subsection?

Answer 23

s 4 (1)(d)

Question 24

what is s 4 (1) (d)?

Answer 24

the defect did not exist at the relevant time- if defect due to wear and tear d not liable.

Question 25

what is 5th defence subsection?

Answer 25

s 4 (1)(e)

Question 26

what is s 4 (1)(e)?

Answer 26

the development risks defence (state of the art defence)-product in question might be expected to have discovered defect if it had existed in products while they were under control.

Question 27

what is 6th defence?

Answer 27

s 4 (1)(f)

Question 28

what is s 4(1)(f)?

Answer 28

the defect was in subsequent product not the component part -if original product used to make another product which turns out to be defective- manu of original product not liable.

Question 29

what is 7th defence subsection?

Answer 29

s 6(4)

Question 30

what is s 6(4)?

Answer 30

contributory neglience= partial defence-c may have damages reduced if he has increased the damaged suffered by him.

Question 31

what section is damages under?

Answer 31

s.5 (4)

Question 32

what damages will the claimant recieve?

Answer 32

c can claim damages (compensation) for death/personal injury/damage 2 property

Question 33

what else with damages?

Answer 33

no damages rewarded if does not exceed £275 this ensures that courts not bogged down with trivial amounts (policy reason)