Topic 11: Liability for Defective Products

Question 1

Does this tort invoke Absolute Liability?

Answer 1

No; only strict liability as some defences exist

Question 2

Who can bring a claim under this tort?

Answer 2

A consumer who suffered damage due to a defect in a product

Question 3

What is the difference between a Standard and a Non-Standard Product?

Answer 3

Standard = One which performs as intended but becomes unsafe due to a fault in the design, Non-standard = Product that is deficient or inferior in safety

Question 4

What is the current approach in cases dealing with this tort?

Answer 4

1. What was the harmful characteristic that caused injury? 2. Was the product ‘standard’ or ‘non-standard’? 3. What are the consumer’s reasonable expectations towards the product?

Question 5

What are the defences to this tort?

Answer 5

1. Compliance with law 2. Product never supplied 3. Supply was not in D’s business 4. Defect occurred after supply 5. Developmental risks 6. Contributory Negligence