11. Special Liability Regimes

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Nineteenth Century ◽  
Consumer Protection ◽  
Common Law ◽  
Final Part ◽  
Consumer Protection Act ◽  
Statutory Duty ◽  
The Common ◽  
The Law

Although much of the law of tort is based upon general common law principles, there are a number of situations where special liability regimes have been created. This chapter focuses on four of these special liability regimes. The first regime to be considered is employers’ liability, whose origins lie in nineteenth-century common law. Two other special regimes are then considered: the liability of occupiers to those coming onto their land (governed by the Occupiers’ Liability Acts of 1957 and 1984) and liability in respect of defective products (governed by the Consumer Protection Act 1987). In both these areas Parliament has intervened to remedy perceived failings in the common law. The final part of this chapter considers the common law action for breach of statutory duty. This differs from the action for negligence in that the source of the defendant’s duty is not the common law; rather, the claimant’s case is founded on a breach of a duty imposed on the defendant by Parliament.

14. Breach of statutory duty

Tort Law ◽  
2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Case Law ◽  
Civil Action ◽  
Consumer Protection Act ◽  
Statutory Duty ◽  
The Common ◽  
Civil Remedy

This chapter considers the tort of breach of statutory duty. Unlike the statutory duties contained in the Occupiers’ Liability Acts 1957 and 1984 or the Consumer Protection Act 1987 where liability arises directly according to the provisions of the statute itself, in a civil action in the tort of breach of statutory duty, liability arises indirectly where a statute imposes a duty but does not identify a civil remedy in the event of its breach. The tort is a combination of statute and the tort of negligence; the duty is defined by statute, while the action lies in the common law. It should be noted that while much of the case law arises in the employment context, the tort of breach of statutory duty extends beyond this.

14. Breach of statutory duty

2021 ◽  
pp. 397-406
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Case Law ◽  
Civil Action ◽  
Consumer Protection Act ◽  
Statutory Duty ◽  
The Common ◽  
Civil Remedy

This chapter considers the tort of breach of statutory duty. Unlike the statutory duties contained in the Occupiers’ Liability Acts 1957 and 1984 or the Consumer Protection Act 1987 where liability arises directly according to the provisions of the statute itself, in a civil action in the tort of breach of statutory duty, liability arises indirectly where a statute imposes a duty but does not identify a civil remedy in the event of its breach. The tort is a combination of statute and the tort of negligence; the duty is defined by statute, while the action lies in the common law. It should be noted that while much of the case law arises in the employment context, the tort of breach of statutory duty extends beyond this.

14. Breach of statutory duty

Tort Law ◽  
2019 ◽  
pp. 396-406
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Case Law ◽  
Civil Action ◽  
Consumer Protection Act ◽  
Statutory Duty ◽  
The Common ◽  
Civil Remedy

This chapter considers the tort of breach of statutory duty. Unlike the statutory duties contained in the Occupiers’ Liability Acts 1957 and 1984 or the Consumer Protection Act 1987 where liability arises directly according to the provisions of the statute itself, in a civil action in the tort of breach of statutory duty, liability arises indirectly where a statute imposes a duty but does not identify a civil remedy in the event of its breach. The tort is a combination of statute and the tort of negligence; the duty is defined by statute, while the action lies in the common law. It should be noted that while much of the case law arises in the employment context, the tort of breach of statutory duty extends beyond this.

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.

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.

‘Furiously Mad’: Vagrancy Law and a Sub-Group of the Disorderly Poor

Rural History ◽  
2013 ◽  
Vol 24 (1) ◽  
pp. 25-40 ◽  
Author(s):  
AUDREY ECCLES
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Social Problem ◽  
Common Law ◽  
Medical Texts ◽  
The Public ◽  
Course Of Action ◽  
The Subject ◽  
The Common ◽  
The Law

Abstract:Madness has been a social problem from time immemorial. Wealthy lunatics were made royal wards so that their estates would be looked after, and the common law very early admitted madness and idiocy as conditions justifying the exemption of the sufferer from punishments for crime. But the vast majority of lunatics have never been either criminal or wealthy, and many wandered about begging, unwelcome in any settled community. Finally, in the eighteenth century, the law made some attempt to determine a course of action which would protect the public and theoretically also the lunatic. This legislation and its application in practice to protect the public, contain the lunatic, and deal with the nuisance caused by those ‘disordered in their senses’, form the subject of this article. Much has been written about the development of psychiatry, mainly from contemporary medical texts, and about the treatment of lunatics in institutions, chiefly from nineteenth-century sources, but much remains to be discovered from archival sources about the practicalities of dealing with lunatics at parish level, particularly how they were defined as lunatics, who made such decisions, and how they were treated in homes and workhouses.

scholarly journals Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis

2017 ◽  
Vol 13 (3) ◽  
pp. 301
Author(s):  
Wenette Jacobs ◽  
Philip N Stoop ◽  
René Van Niekerk
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Common Law ◽  
Fair Value ◽  
Wide Field ◽  
Business Practices ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
The Common ◽  
The Government

South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer. Various provisions of the Act make inroads into the common-law position to strengthen the position of the consumer vis-à-vis the supplier and suppliers are undoubtedly facing an onerous task to prepare to comply, and eventually attempt to comply, with the Act. Although the Act has its own interpretation clause, which provides that it must be interpreted in a manner that gives effect to the purposes of the Act, the Act poses many uncertainties and interpretational and practical challenges. Many questions are therefore raised, some of which remain unanswered. These questions illustrate some of the uncertainties concerning the scope and possible interpretation of the fundamental consumer rights.

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.

13. Controlling contract terms

Contract Law ◽  
2019 ◽  
pp. 371-403
Author(s):  
TT Arvind
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Freedom Of Contract ◽  
Liquidated Damages ◽  
Consumer Contracts ◽  
The Common ◽  
The Law ◽  
Unfair Terms ◽  
Formal Requirements ◽  
Statutory Regulation

This chapter examines how the law regulates contract terms, with particular emphasis on rules that are intended to protect weaker parties. It begins with a discussion of the limits of freedom of contract and proceeds by assessing the role played by formal requirements, such as the requirement that contracts be in writing. It then considers how the law regulates contract terms which seek to alter the liability that one party will have in the event of breach. More specifically, it looks at exclusion clauses in the common law and the statutory regulation of such clauses, along with liquidated damages, contractual remedies, and the rule against penalties. It also explores the extent to which consumer protection law restricts the terms that can be included in consumer contracts, especially when dealing with the problem of unfair terms.

scholarly journals IN SEARCH OF PERFECTA: THE CONUNDRUM OF INCORRECTLY PRICED GOODS UNDER THE CONSUMER PROTECTION ACT 68 OF 2008

Obiter ◽  
2014 ◽  
Author(s):  
Neville Melville ◽  
Tanya Woker
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
The Past ◽  
Consumer Protection Act ◽  
Knowing That ◽  
Personal Interaction ◽  
The World ◽  
Legal Precedent ◽  
Flat Screen ◽  
The Common

In spite of the sea change over the past sixty-odd years in the way we shop, from a personal interaction with the local shopkeeper to a cashierless self-checkout, and the billions of transactions that take place daily in stores and supermarkets around the world, there is a dearth of legal precedent regarding the legal mechanics of these transactions. This is particularly so as far as determining the very important practical issue of at what point the sale is perfecta (irrevocably concluded) is concerned. For example, a consumer receives a catalogue from a well-known store in which a flat screen television is advertized on special for R599. Well knowing that such television sets are normally sold for over R6000 the consumer rushes off to purchase a set only to be faced with a large sign which reads as follows: “Unfortunately the advertised price was incorrect, the correct price is R5 999. We apologise for the inconvenience.”A slightly different scenario is where the consumer is only informed of this mistake after she has removed the television set from the shelf and taken it to the cashier who proceeds to ring up the price of R5 999. When the consumer points out that this is not the advertised price the cashier informs her that a mistake was made and that in fact R5 999 is the correct price. Is there a point in time when the supplier, despite a mistake, may be bound by the advertised price? (The purpose of this article is to consider the point in time when the contract is regarded as perfecta. The scenario set out above may also constitute bait-advertising. This is an issue which we intend to consider in our next article.) It is against this backdrop that we attempt to provide some guidance to those who are obliged to comply with the provisions of the Consumer Protection Act, relating to displayed prices.In doing so, we shall consider the extent to which the Roman-Dutch-based common law has been influenced by English Law in this area of consumer protection. Reference will be made to the principles of the common law regarding the formation of a contract (particularly the point at which the contract comes into effect), quasi consent and mistake as well as relevant foreign precedent. We shall then deal with the changes brought about by the CPA.

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