Unit 4.3- Products (CPA)

Question 1

Murphy v Brentwood

Answer 1

You can’t recover for pure economic loss under the CPA

Question 2

Which test for remoteness applies under the CPA?

Answer 2

The test from Re Polemis “direct consequences”

Question 3

Is there strict liability for defects under the CPA?

Answer 3

Yes (A v National Blood Authority)

Question 4

Commission v Uk - what is meant by “state of knowledge” with regards to the defence of developmental risk?

Answer 4

“State of knowledge” is taken to mean the highest standard of knowledge accessible anywhere in the world at the time.

Question 5

A v National Blood Authority

Answer 5

The defence of developmental risk is only available where the defect / risk was unforeseeable (this is so even if the risk is unavoidable)