Product Liability

Question 1

Claims for defective products

Answer 1

CPA
Negligence
Contract (if buyer + supplier in business)

Question 2

When does D owe a duty of care to a consumer in negligence for defective product?

Answer 2

1. Manufacturer (worked on product before reached consumer e.g. repairer / installer - NOT supplier unless ought inspected or knew)
2. Product: item or packaging
3. Consumer: user including neighbours
4. Reached C in form left M and no reasonable possibility of intermediate inspection (e.g. sealed, no warning to inspect)

Question 3

What can C not recover for defective product in negligence?

Answer 3

PEL - cost of repair or replacement

Question 4

When will court infer breach of duty for defective product?

Answer 4

1. C has evidence of thing with D
2. D cannot show that defect arose due to a later problem

Question 5

Who can sue for defective product under CPA?

Answer 5

Anyone who can show that they have suffered damage caused by a defective product.

**Damage: **
- Not PEL or business propery
- property damage over £275

Caused by: product defect (not breach) caused loss)

Defect: product unsafe (safety is not as personals generally are entitled to expect)

Product: anything

Question 6

Who is liable for defective product under CPA 1987?

Answer 6

Importer
Own Brander
Producer
Supplier if unable to identify anyone else

Question 7

Liability under CPA

Answer 7

Strict liability- no fault needed. just need to show damage caused by defective product

Question 8

Development risk defence under CPA

Answer 8

1. State of knowledge meant unable to discover defect
2. Defect was unforeseen (risk is unknown)

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