Product Liability

Question 1

Does the Consumer Protection Act 1987 replace any claim in negligence / breach of contract?

Answer 1

No - people should claim for all of them

Question 2

What is the strict liability regime?

Answer 2

the party can be found to be liable without being necessary to show fault

Question 3

What constitutes as a product in the CPA 1987?

Answer 3

product means any goods
- includes anything that is included as a component or raw material in something else
(s1(2)

Question 4

What constitutes as a defect in the CPA 1987?

Answer 4

• depends on what people are ‘generally entitled to expect’. (s3(1))
• what people are entitled to expect depends on circumstance:
  > look at the manner/ purpose it was marketed
  > what might reasonably be expected to be done with the product
  > The time when the product was supplied by its producer (s3(2)).

Question 5

What is the difference between s3(1) and the standard of care in negligence?

Answer 5

• the Act demands considerably more of manufacturers than traditional negligence requires.

Question 6

What constitutes as a damage in the CPA 1987?

Answer 6

• death
• personal injury
• CEL
• loss of or damage to any property (including land)
  (s5(1))
• NOT PEL

Question 7

What limits the type of danger for which a claim can be brought?

Answer 7

1. Property damage has to be > than £275 (s 5(4)).
2. Property damage can only be brought if the property is ordinarily intended for private use and intended by the person suffering the loss or damage mainly for his own private use (s 5(3)). (no businesses)

Question 8

Who is liable for damage under the CPA 1987?

Answer 8

• theproducer
• any person who puts their name/ trademark on the product (producer)
• anyone who imported the product into a Member State
  (s2(2))

Question 9

What happens if a customer asks the store who the supplier is (for a faulty product) and they do not tell the customer?

Answer 9

The store will be liable for the damages (s2(3)) if they do not provide the identity of the producer to the person suffering the damage.

Question 10

Who can bring a claim under CPA 1987?

Answer 10

• all consumers

- anyone who uses the product (not limited on people who purchased the product) and suffered the damage

Question 11

What are the defences under CPA 1987?

Answer 11

• 4(1)(a)
  ○ Default arose bc we were complying with Eu regulations
• 4(1)(b)
  ○ I am not right person to sue
  ○ I didn’t supply the product to anyone
• 4(1)(c)
  ○ Informal supply
  ○ Didn’t make any profits
• 4(1)(d)
  ○ defect didn’t exist in the time I supplied the product
• 4(1)(e)
  ○ Couldn’t have known about the defect at the time
  ○ Due to science and tech knowledge tat the time
• 4(1)(f)
  ○ Not my fault
  ○ It’s the people in the supply chain afterwards who caused this

Question 12

Can you use an exemption clause?

Answer 12

NOOOOOo

S7 prohibits any exclusion or limitation of liability

Question 13

What are the limitations of the Act?

Answer 13

• Claim has to be made in 3 years (in tort of neg its 6 years)
• Claim has to be by people who occupy the property privately s5(3)

Question 14

What is the causation requirement under the Act?

Answer 14

damage was caused ‘wholly or partly’ by the defect (s 2(1))

Question 15

What is the ‘immediate inspection’ point?

Answer 15

• clarified in Haseldine v Daw
• A manufacturer might argue that where goods were going to be examined at some point between the manufacture and use by the consumer, then any harm caused to the consumer is not the manufacturer responsibility.
• ‘reasonably probability’ of intermediate examinations
• So, the manufacturer will be held liable if he has no reason to contemplate that an immediate inspection will occur.