Product liability

Question 1

What is a product and where can the definition be found?

Answer 1

Product means any goods or electricity. S.1 (2) c

Question 2

Who can be held liable and where can this be found?

Answer 2

• Producer of raw material
• Manufacturer of finished or component part
• The importer
• Anyone putting their name on product

Section 2.1 and 2.2

Question 3

On what counts can the supplier be held responsible? Where is this found?

Answer 3

• If P asks them to identify the persons who made it.
• At a practical time and after P has first tried to find them themselves.
• The supplier fails to comply or to identify the producer

Section 2.3

Question 4

What is a defect? Where is this found?

Answer 4

There is a defect in the product if the safety of the product is not such as person are entitled to expect.

section 3.1

Question 5

What is the first considerations in regards to defects? 3.2 a?

Answer 5

• The manner in which and purpose for which the product has been marketed
• Instruction or warning about what to do or refrain from doing with product

Question 6

What is the second consideration? 3.2 c?

Answer 6

The time the product was supplied by one producer to another

Question 7

What is the third consideration? 3.1 b?

Answer 7

What is reasonably expected to be done with or in relation to the product is relevant.

Question 8

Which case states that a product does not have to be defective to breach the expectations test?

Answer 8

Abouzaid v Mothercare

Question 9

Which case implies that the expectation test is of low expectations?

Answer 9

Tesco stores Ltd v Pollard & Pollard

Question 10

Which case failed to establish that the expectations test had been met by arguing that consumer were aware of the risks?

Answer 10

A v National Blood Authority

Question 11

What case states that medical products must be produced with risk-benefit consideration in mind?

Answer 11

Wilkes

Question 12

What does Wilkes say about the expecations of public?

Answer 12

Not literally what they expect but what they are entitled to expect. Objective test.

Question 13

Which case shows that the importer will be held liable in accordance with section 2.2 c

Answer 13

Ide v ATB sales

Question 14

Where can defences be found?

Answer 14

Section 4

Question 15

What are the six defences?

Answer 15

• Compliance with legal requirements
• Uncirculated products
• Subsequent defects
• Non-profit activities
• Components
• Developmental risk

Question 16

Which case successfully used the ‘uncirculated products’ defence?

Answer 16

OB v Aventis Pasteur. The use of supply and not put into circulartion made crucial difference.

Question 17

Which case successfully applied the ‘subsequent defect’ defence by proving the product left their control without defect?

Answer 17

Piper v JRI

Question 18

Which case states that producer has to comply with most advanced knowlegde avaliable on objective analsysis?

Answer 18

Commission v UK - knoweldge might be out there but needs to be reliable.

Question 19

What is there no liability for? Section 5

Answer 19

Product less than 275

Products not intended for private use.