Week 10 - Consumer Protection Act 1987

Question 1

Who does the Consumer Protection Act 1987 protect?

Answer 1

Individuals who may have suffered an injury as a result of the product they purchased or where the product caused damage to their property

Question 2

What did the Sale of Goods Act 1979 enable?

Answer 2

Those with a contractual relationship with the retailer to have their money returned, or be provided with a repaired item/replacement in the event of a product failing

Question 3

Claimants need to establish strict liability against the manufacturer - what does this mean?

Answer 3

The claimant does not have to prove intention or negligence on behalf of the defendant, only that there is a causal link between the product and the injury

Question 4

Who can be a defendant under the Consumer Protection Act 1987?

Answer 4

Producer, manufacturer, own-brand labeller, importer or supplier

Question 5

What is the time limit for a claimant to be successful?

Answer 5

The claimant must bring their claim within three years of the awareness of the damage or the defect of the product

Question 6

What must the claimant establish to be successful?

Answer 6

• the product contained a defect
• the claimant suffered damage
• the damage was caused by the defect
• the defendant was either a producer, marketer, importer or supplier

Question 7

When would a supplier be liable?

Answer 7

If they fail, when requested, to identify the manufacturer, producer or importer to the claimant

Question 8

When can claimants claim for death or personal injuries, damage to land or damage to goods?

Answer 8

If it amounts to over £275

Question 9

When can claimants not claim?

Answer 9

They cannot claim the cost of the defective item, damage to property below £275 and any ‘damage’ to BUSINESS property

Question 10

In tort of negligence, what is liability based on?

Answer 10

Fault - the defendant’s behaviour does not meet an objective standard

Question 11

For claims under CPA, liability is…

Answer 11

Strict - NOT based on fault

Question 12

What does the claimant not need to prove?

Answer 12

How or why the product is defective

Question 13

What are the possible defences?

Answer 13

• defect was caused by compliance with EU legislation
• product was not supplied with the course of business
• defect did not exist at the relevant time (Supply)
• development risk - producer would not be expected to have discovered it