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.

12. Nuisance

2020 ◽  
pp. 284-314
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Uk ◽  
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 of the UK 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.

12. Nuisance

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Uk ◽  
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 of the UK 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.

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.

16. Product liability

2018 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Tort Law ◽  
Personal Injury ◽  
Consumer Protection Act

This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in Donoghue v Stevenson. The chapter discusses the limitations of the tort of negligence and suggests that claimants should bring their actions for defective products under the Consumer Protection Act 1987 because it does not require proof of fault.

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

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.

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.

14. Elements of defamation

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Strict Liability ◽  
Case Law ◽  
Recent Case ◽  
Personal Injury ◽  
Duty Of Care ◽  
Legal Knowledge ◽  
Current State ◽  
Key Points ◽  
Continuous Activity ◽  
State Of Affairs

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. Rylands v Fletcher was an 1868 case that gave birth to a rule imposing strict liability for damage caused by the escape of dangerous things from land. The tort in Rylands v Fletcher differs from nuisance because it does not consider the involvement of the defendant in a continuous activity or an ongoing state of affairs. What distinguishes Rylands v Fletcher from actions in negligence is that there is no need for the existence of a duty of care and its breach, along with the questionable place of personal injury as an actionable type of damage. This chapter examines the tort in Rylands v Fletcher and the nature of the rule that arose from it. It also considers recent case law developments concerning Rylands v Fletcher and their impact on the current state of the law. Finally, the chapter evaluates the defences pertaining to Rylands v Fletcher.

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.

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