Product Liability Flashcards
1
Q
What are the different ways to claim where there is a defective product?
A
- Contract Law
- Negligence
- CPA
2
Q
Who may be liable if C claims under negligence?
A
Manufacturer, as well as any repairer or installer
The retailer, if they ought to have inspected the product for defects
3
Q
What damages are excluded under the CPA?
A
Damages under £275, damages to the defective product itself, and damages to business property
4
Q
What damages can be claimed for under the CPA?
A
Death, personal injury, damage to personal property of £275 or above
5
Q
What are defences that D can invoke against a CPA claim?
A
- Defect did not exist at circulation
- State of the art (except where the defect was known)
- The product wasn’t supplied over the course of business or with a view to profit
6
Q
What does C need to show under the CPA?
A
That there has been a recognised damage
7
Q
Can liability under the CPA be excluded or limited?
A
No
