Unit 4b Prt 2: Product Liability

Question 1

Defendant

Answer 1

S2(2)(a) - the manufacturer of the product ( bogle v mcdonald)

Question 2

What is considered to be a defect?

Answer 2

S3 - where the product performs less than expected in the circumstances (Richardson v LRC)

Question 3

Defect (factors)

Answer 3

1. Instructions labeled on or with the product (Walsley v Tambrand)
2. Consumer is generally expected to give some form of common sense in the products use ( Bogle v McDonald)

Question 4

Defences

Answer 4

Development risk defence - abazoid v mothercare

Question 5

Product

Answer 5

S1(2) - considers a product as any good or electricity - even blood can be a product ( A v national blood authority)