Product liability Flashcards
What did the CPA 1987 introduce?
CPA 1987 introduced a strict liability regime whereby parties could be found liable without it being necessary to show fault on their part.
What does S2(1) CPA 1987 state?
S2(1) CPA 1987: Subject to the following provisions of this Part, where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) below applies shall be liable for the damage.
What is the definition of a product under S1(2) CPA 1987?
S1(2) CPA 1987: product means any goods or electricity and includes a product which is comprised in another product, whether by virtue of being a component part or raw material or otherwise.
What is the definition of a defect under S3(1) CPA 1987?
S3(1) CPA 1987: there is a defect in a product for the purposes of this Part if the safety of the product is not such as persons generally are entitled to expect.
What circumstances are taken into account when determining what people are entitled to expect in relation to the safety of the product under S3(2) CPA 1987?
-the manner/purposes for which it has been marketed
-what might reasonably be expected to be done with/in relation to the product
-the time when the product was supplied by its producer to another
What is the definition of damage under S5(1) CPA 1987?
S5(1) CPA 1987: damage means death or personal injury or any loss or damages to any property (including land). Pure economic loss does not count.
What is the minimum claim that can be brought in relation to property under S5(4) CPA 1987?
S5(4) CPA 1987: no claim can be brought in relation to property unless the sum to be awarded exceeds £275, excluding interest.
What persons are liable for damage under S2(2) CPA 1987?
a) The producer of the product;
b) Any person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product;
c) Any person who has imported the product into the UK from a place outside the UK in order, in the course of any business of his, to supply it to another.
What is a producer under S1(2) CPA 1987?
- The manufacturer (eg a car is manufactured)
- The person who won/abstracted it (eg coal is abstracted from the ground)
- For products which neither of the above applies, the person who carried out the process (eg agricultural produce is the clear result of a process)
If a supplier cannot/fails to identify the producer/importer to a person, will they be liable under CPA 1987?
S2(3) provides that someone who supplied a defective product to any person will be liable for the damage caused by the defect if the person suffering damage asks for details of the producer/importer and cannot identify this person/the supplier fails to identify that person.
If more than one person is liable for damage under the CPA 1987, how will their liability be apportioned?
They will be jointly and severally liable-S2(5) CPA 1987.
What are the defences under S4 CPA 1987?
-The defect did not exist in the product at the relevant time: S4(1)(d) CPA 1987
-‘State of the art defence’, that the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question might be expected to have discovered the defect if it had existed in his products while they were under his control’-S4(1)(e) CPA 1987
What is the limitation period for CPA 1987 claims?
The claim must be brought within three years from the later of:
- the date the injury and/or damage occurred; or
- when the C became aware or should reasonably have become aware of the damage (s11A(4) Limitation Act 1980)
What is the long stop period for CPA 1987 claims?
There is a long stop of ten years after the product was put into circulation by the D (s11A(3) Limitation Act 1980), which acts as an absolute defence to actions after this time.
Does a manufacturer owe a duty to a party that neither bought nor used the product, but comes into contact with it?
Yes, as per the case of Stennett v Hannock (1939).
