Unit 7 - Product Liability

Question 1

Who can use a A) common law negligence claim, B) CPA and C) Contract Claim, for a defective product claim ?

Answer 1

A) Consumer - term includes not only the ultimate user but anyone whom the defendant should reasonably have in mind as likely to be injured by the defendant’s negligence (i.e. neighbours in Donoghue v Stevenson terms)

B) S2(1) anyone who can establish the following can sue:
· that they have suffered damage
· caused by
· a defect
· in a product.
C) One of the Contracting parties

Question 2

Who is liable under these types of claims ?
A) common law negligence
B) Consumers Protection Act 1987
C) Contract claim ?

Answer 2

A) MANUFACTURER - Widely interpreted by the courts - case law extended this to include any person who work in some way on a product before it reaches the consumer
○ repairers of products Haseldine v Daw & Son Ltd [1941]
○ installers of products Stennett v Hancock [1939]
○ on rare occasions, suppliers of products Andrews v Hopkinson [1957] - owe a duty if they actually know of a defect/danger.

B)
S2(2)(a)THE PRODUCER
S2(2)(b) THE OWN BRANDER
S2(2)(c)AN IMPORTER
S2(3) A FORGETFUL SUPPLIER

C) THE OTHER CONTRACTING PARTY

Question 3

What must be established in a claim under Common law Neg, for product liability ?

Answer 3

PARTIES, TORT, LOSS, DUTY (narrow rule, Donahue and Stevens, a,b,c,d), BREACH (std and breach), CAUSATION (legal and factual), DEFENCES, RECOVERY.

Question 4

What must be established in a claim under the Consumer Protection Act 1987 ?

Answer 4

DAMAGE, WHICH CAUESD BY, DEFECT, in PRODUCT, WHO IS LIABLE (and NATURE OF THIS (Strict), DEFENCES, RECOVERY.