11. Product liability

2021 ◽  
pp. 298-315
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Consumer Protection ◽  
Private Property ◽  
Strict Liability ◽  
Product Liability ◽  
European Directive ◽  
Consumer Protection Act ◽  
Legal Regimes ◽  
The Law

This chapter deals with damage caused by defective products. It considers two separate legal regimes. The first is the ordinary law of negligence, and the second is the system of strict liability introduced by the Consumer Protection Act 1987, as required by a European Directive (85/374/EEC). The latter is limited to personal injuries and to damage to private property, so there are still many cases where a claimant has to rely on negligence. Also, the Act applies only to certain kinds of defendants (‘producers’), and a claimant will need to use negligence if, for example, he is injured by a defectively repaired product. One important point is that both systems apply only to damage to goods other than the defective product and not to damage which the defective product causes to itself: that is a matter solely for the law of contract.

11. Product liability

2019 ◽  
pp. 288-306
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Consumer Protection ◽  
Private Property ◽  
Strict Liability ◽  
Product Liability ◽  
European Directive ◽  
Consumer Protection Act ◽  
Legal Regimes ◽  
The Law

This chapter deals with damage caused by defective products. It considers two separate legal regimes. The first is the ordinary law of negligence, and the second is the system of strict liability introduced by the Consumer Protection Act 1987, as required by a European Directive (85/374/EEC). The latter is limited to personal injuries and to damage to private property, so there are still many cases where a claimant has to rely on negligence. Also, the Act applies only to certain kinds of defendants (‘producers’), and a claimant will need to use negligence if, for example, he is injured by a defectively repaired product. One important point is that both systems apply only to damage to goods other than the defective product and not to damage which the defective product causes to itself: that is a matter solely for the law of contract.

11. Product liability

2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Consumer Protection ◽  
Private Property ◽  
Strict Liability ◽  
Product Liability ◽  
European Directive ◽  
Consumer Protection Act ◽  
Legal Regimes ◽  
The Law

This chapter deals with damage caused by defective products. It considers two separate legal regimes. The first is the ordinary law of negligence, and the second is the system of strict liability introduced by the Consumer Protection Act 1987, as required by a European Directive (85/374/EEC). The latter is limited to personal injuries and to damage to private property, so there are still many cases where a claimant has to rely on negligence. Also, the Act applies only to certain kinds of defendants (‘producers’), and a claimant will need to use negligence if, for example, he is injured by a defectively repaired product. One important point is that both systems apply only to damage to goods other than the defective product and not to damage which the defective product causes to itself: that is a matter solely for the law of contract.

10. Product liability

2017 ◽  
Author(s):  
Carol Brennan
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Product Liability ◽  
Technical Innovation ◽  
Consumer Protection Act ◽  
The Law ◽  
Development Risks ◽  
Union Directive

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987, passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.

The Development Risk Defence of the Consumer Protection Act 1987

1988 ◽  
Vol 47 (3) ◽  
pp. 455-476 ◽  
Author(s):  
Christopher Newdick
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Member States ◽  
European Directive ◽  
Consumer Protection Act ◽  
The Law ◽  
The Individual ◽  
By Products ◽  
Development Risk

The European Directive on Product Liability introduces a new regime of strict product liability to the member states of the Community. Those injured by products may recover by showing that the product is “defective,” i.e., that it “does not provide the safety which a person is entitled to expect. …” The advantage of this approach for the individual is that liability turns on the existence of a defect alone. Unlike the law of Negligence, no question of foresight of the danger, or of the precautions taken to avoid it, arises for consideration. Strict product liability depends on the condition of the product, not the fault of its maker or supplier.

10. Product liability

2019 ◽  
pp. 117-124
Author(s):  
Carol Brennan
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Product Liability ◽  
Technical Innovation ◽  
Consumer Protection Act ◽  
The Law ◽  
Development Risks ◽  
Union Directive

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987, passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.

10. Product liability

2021 ◽  
pp. 119-127
Author(s):  
Carol Brennan
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Product Liability ◽  
Technical Innovation ◽  
Consumer Protection Act ◽  
The Law ◽  
Development Risks ◽  
Union Directive

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987 (CPA 1987), passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA 19876 establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA 1987 include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.

The Types of Damage or Loss compensated

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Product Liability ◽  
Consumer Protection Act ◽  
General Law ◽  
The Law

There may be major difficulties in determining the types of damage or loss which will be compensated in product liability litigation and this is so whether the claim is based on the strict liability provisions of Pt 1 of the Consumer Protection Act 1987 or the general law of negligence. In some cases it will be clear that the 1987 Act is inapplicable and hence that the standard requirements of the law of negligence must be met or the existence of a contractual claim established. For example, the defendant may not be a person who is potentially subject to liability under s 2 of the Act or the damage may be of a type which the Act does not compensate. Alternatively, a claim under the Act may be barred by virtue of the expiry of a limitation period or, and this is increasingly less likely with the passage of time, because the relevant product was supplied before the Act came into force on 1 March 1988.

6. Product Liability

2019 ◽  
pp. 74-84
Author(s):  
Dr Karen Dyer
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Strict Liability ◽  
Product Liability ◽  
Online Resources ◽  
Essential Information ◽  
Consumer Protection Act ◽  
The Common ◽  
The Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The chapter discusses the law on product liability. It covers key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the general principles of negligence; the meaning of strict liability; and the Consumer Protection Act 1987 and its relationship with the common law regarding consumer protection.

The Requirement Of A Defect: Introductory Issues

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Product Liability ◽  
Focus Of Attention ◽  
Liability Law ◽  
Consumer Protection Act

The removal of a requirement of proving negligence, which is usually regarded as the distinguishing feature of the system of strict liability introduced by Pt I of the Consumer Protection Act 1987, will in all probability shift the focus of attention to the question of whether the claimant has established that the product is defective. As will be seen, the question gives rise to many difficult issues. Indeed, one writer has observed that ‘the problem of defining defectiveness has exercised the minds of legal scholars perhaps more than any other aspect of product liability law’.

10. Product liability

2020 ◽  
pp. 241-258
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Product Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Cost

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product, but he will also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 involves a strict liability regime for defective products on a variety of potential defendants. This discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.

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