Product Liability, Occupiers’ Liability, Nuisance

Question 1

Remedies you can claim

Answer 1

You could sue via the Tort of negligence or you could claim under the consumer protection act 1987

Question 2

The Consumer Protection Act 1987

Answer 2

• Applies to damaged goods circulated after 1st March 1988 update
• Provides an additional statutory remedy along with tort of negligence
• Was designed to impose liability on businesses, so does not cover private individuals that are not acting in the course of a business

Question 3

Potential claimants

Answer 3

• Anyone can claim under the consumer protection Act 1987 if they have been injured or have had private property damaged by a defective product

Question 4

Potential defendants

Answer 4

1. Producer
2. Own brander
3. Importer
4. Supplier

Question 5

The defect

Answer 5

• The claimant must have proved that there was a defect in the product
• S3 of the Act states that the product has a defect if the safety of the product is not such as person generally are to expect

Question 6

Valid defences (s4 of the act)

Answer 6

• the defect was caused by complying with a requirement from UK or EU legislation
  The defendant did not supply the goods in the course of a business
• The defect came about after the time of supply i.e. was interfered with by a third party or the claimant
• Given the scientific/technological knowledge at the time, it was reasonable hat the defect was not known

Question 7

Vicarious liability

Answer 7

• this means being liable for the tort of others
• Arises because there is a special relationship between the parties
• The person who commits the tort is still liable, but where there is vicarious liability, another person is also liable
• Often arises in employment situations, where an employer is vicariously liable for the torts committed by employees

Question 8

Occupiers liability

Answer 8

• When people enter upon your land, there are statutes that apply to you (as occupiers) regarding their safety
  There is a legal distinction between:
• visitors (those who have express or implied permission from the occupier to be there)
• non-visitors (such as trespassers)

Question 9

Liability to visitors

Answer 9

• An occupier of land owes a common duty of care to all visitors on their premises
• The occupier must take such care that the visitor will be reasonably safe in using the premises for the reason they have been invited there
• This takes into the account the behaviour that would be reasonable expected of the visitor

Question 10

Duty of care owed to trespassssers

Answer 10

• There is no automatic duty of care owed to a trespasser
  A duty of care may still exist if:
• The occupier was aware of the danger on the premises, or had reasonable grounds to know it had existed
• The occupier knew or had reasonable grounds to believe that the trespasser was in the vicinity of the danger
• The risk was one which the occupier could reasonably be expected to offer the trespasser some protection

Question 11

Private nuisance

Answer 11

• Unlawful interference with someone’s use or enjoyment of their land
• From a business perspective, this includes unreasonable levels of noise and emitting noxious fumes

Question 12

Public nuisance

Answer 12

• A crime designed to protect certain public rights e.g. safe and unobstructed use of the highway
• If a defendant commits a public nuisance, ma be prosecuted by the state
• Additionally, if a member of the public suffers particular damage tha coul sue the defendant in tort