TERM 2: Product Liability Flashcards
What advantage does contract law provide in product liability claims?
No fault need be proved – only a breach of a term
In contract claims, the cost of replacing the defective product along with injury or property damage can be claimed.
What is the main purpose of the Consumer Protection Act 1987?
To make it easier for consumers to succeed in claims against manufacturers for defective products
The Act supplements common law and does not replace it.
What must exist for a contract claim in product liability?
There must be a contract between the claimant and the defendant
Rules of privity apply.
What types of losses can be claimed under product liability?
- Personal injury
- Property damage
- Economic loss is not owed a duty of care
Referenced case: Murphy v Brentwood DC [1991] 1 AC 398.
What is the legal precedent set by Donoghue v Stevenson?
Recognized a duty owed by a manufacturer to a consumer
This duty applies where there is no reasonable possibility of intermediate inspection.
Who owes a duty of care in product liability cases?
- Makers of component parts
- Fitters
- Distributors
Referenced case: Watson v Buckley, Osborne, Garrett [1940] 1 All ER 174.
What does the defect in a product mean according to the Consumer Protection Act 1987?
The safety of the product is not such as persons generally are entitled to expect
The court considers various factors including marketing and packaging.
What is the limitation period for claims under the Consumer Protection Act 1987?
3 years from when the damage is caused or when the damage is reasonably discoverable, up to 10 years from when the product was put into circulation
Referenced in s11A of the Limitation Act 1980.
What are the defences available to manufacturers under the CPA 1987?
- Compliance with a requirement imposed by law
- Did not supply the product
- Supply not in the course of business
- Defect did not exist at the relevant time
- Development risk defence
Referenced case: A v National Blood Authority [2001] 3 All ER 289.
True or False: The Consumer Protection Act 1987 covers design defects.
False
Common law covers manufacturing defects but not design defects.
What must be established to claim under the CPA 1987?
- Who can sue
- Who can be sued
- What losses can be claimed
- Is there a product?
- Is the product defective?
- Did the defective product cause the loss?
Referenced sections: S2(1), S5(1), S1(2), S3.
Fill in the blank: The CPA 1987 was brought into force on _______.
[1 March 1988]
What is the significance of the Thalidomide cases in product liability law?
Led to pressure for reform of the law relating to defective products in England/Wales
Highlighted the inadequacies of common law in addressing design defects.
What is a product as defined under the CPA 1987?
Includes any goods, electricity, agricultural produce, and component parts
Buildings are not covered but component parts of buildings are.
What is the burden of proof in proving breach of duty in negligence?
The claimant has the burden of proving breach
Referenced case: Evans v Triplex Glass [1936] 1 All ER 283.
What does the court consider when determining if a product is defective?
- Manner in which the product has been marketed
- Packaging of the product
- Use of any mark (e.g., kitemark)
- Any instructions or warnings
Referenced in s3 of the CPA 1987.
Who can sue under the CPA 1987?
Anyone who suffers damage as a result of the defective product
Referenced in S2(1) and S5(1).
What are the implications of exclusion clauses under the CPA 1987?
Exclusion clauses do not apply
Referenced in s7 of the CPA 1987.
What are the criticisms of the Consumer Protection Act 1987?
- Too many defences available to manufacturers
- No precise definition of ‘defect’
- Minimum required by the Act does not go much further than common law
- Concerns that regulation will slow down innovation
Refers to industry concerns about product liability regulation.
