Defences under the Consumer Protection Act 1987-FS Flashcards
(18 cards)
Under the Consumer Protection Act 1987, what must a claimant first establish before a defendant can raise a defense under Section 4?
The claimant must establish the presence of a defect in the product, that they suffered damage, and that the defect caused the damage.
What is the defense under Section 4 of the Consumer Protection Act where the defect arises from compliance with legal requirements?
A defendant will not be liable if the defect in the product was attributable to compliance with legal obligations or statutory requirements.
How does Section 4 of the Act protect defendants in cases where they did not supply the product?
A defendant can avoid liability if they can prove they did not supply the product to another person. This includes situations such as theft or counterfeit products.
What defense is available under Section 4 if a product was not supplied in the course of business?
If the product was provided outside the scope of a commercial transaction—such as a private gift—the defendant may raise this as a valid defense to avoid liability.
When can a defendant rely on the defense that the defect did not exist at the time of supply?
The defendant may avoid liability if they can demonstrate that the defect arose after the product was supplied, such as through misuse, wear and tear, or disregard of expiration warnings.
What is the significance of expiration or best-before dates under the Consumer Protection Act’s defenses?
If a claimant uses a product beyond its best-before or consume-by date, and this contributes to the damage, the defendant can rely on this as a defense under Section 4(1)(d), as the defect did not exist at supply.
Can a defendant be liable if the claimant was warned against the product’s use after a specific date and still used it?
No, the defense under Section 4 will apply if an adequate warning such as a consume-by date was provided and ignored by the claimant, showing the defect did not exist at the time of supply.
What are the four key defenses under Section 4 of the Consumer Protection Act 1987 as presented in the lesson?
- The defect was due to compliance with legal requirements;
- The defendant did not supply the product;
- The product was not supplied in the course of business;
- The defect did not exist at the time of supply.
- “state-of-the-art”
- development risks”
What is the “state-of-the-art” or “development risks” defense under Section 4 of the Consumer Protection Act 1987?
It is a defense where the producer avoids liability if they can prove that, at the time the product was put into circulation, the state of scientific or technical knowledge was such that the defect could not have been discovered.
When is a component part manufacturer not liable for a defect in the final product under the Act?
A component manufacturer is not liable if the defect in the final product is wholly attributable to the design of that finished product or to compliance with instructions provided by the finished product’s manufacturer.
What does the 10-year “long stop” limitation period under the Consumer Protection Act 1987 mean?
It means that no claim can be brought under the Act more than 10 years after the date on which the product was first put into circulation, regardless of when the injury or damage occurred.
Within the 10-year long stop period, what is the secondary limitation period for bringing a claim?
The claim must be brought within three years of the date when the claimant became aware, or should have become aware, of the damage, the defect, and the identity of the producer.
Can a producer rely on the state-of-the-art defense if new knowledge emerges after the product is circulated?
Yes. If the defect could not be detected based on the scientific or technical knowledge available at the time of production, the producer may successfully rely on this defense even if later knowledge reveals the defect.
Can liability under the Consumer Protection Act 1987 be excluded or restricted by agreement or notice?
No. The Act explicitly prohibits any exclusion or restriction of liability for defective products.
What must a defendant prove to successfully invoke the defense related to scientific knowledge at the time of production?
The defendant must demonstrate that scientific or technical understanding at the time of production was not advanced enough to detect or foresee the defect.
What is the relevance of compliance with manufacturing instructions in assessing component manufacturer liability?
If the component manufacturer complied with instructions from the finished product’s producer, and the defect arose from those instructions, the component manufacturer is not liable.
If a consumer brings a claim 11 years after the product entered circulation, can they succeed under the Consumer Protection Act 1987?
No. The 10-year long stop rule bars all claims after that period, regardless of when harm occurred or was discovered.
What happens if a claimant delays filing a claim for four years after discovering the injury, but still within 10 years of the product’s circulation?
The claim will be barred because it was not brought within the required three years from the date the claimant became aware of the injury and the defect.
