Product Liability - Principles of the Consumer Protection Act 1987 Flashcards
(12 cards)
Which of the following best defines “product” under s.1(2)?
A. Any goods or electricity, including components and raw materials
B. Only finished consumer goods sold at retail
C. Services supplied alongside goods
D. Intangible software not embedded in hardware
A. Any goods or electricity, including components and raw materials.
Explanation: s.1(2) explicitly includes finished products, component parts, raw materials, and even electricity
Who is deemed a “producer” under s.1(2)?
A. Only the company that assembles the final product
B. Manufacturers of finished products, producers of components, and importers into the EU
C. Anyone who advertises the product
D. Only retailers who sell directly to consumers
B. Manufacturers of finished products, producers of components, and importers into the EU.
Explanation: The Act treats importers into the EU as producers for strict‐liability purposes
How does s.3 define a “defect” in a product?
A. A failure to perform its marketed function
B. A safety level below what persons are generally entitled to expect
C. Any cosmetic imperfection
D. Any deviation from written instructions
B. A safety level below what persons are generally entitled to expect.
Explanation: s.3(1) compares the product’s safety with what the public is entitled to expect, considering presentation, use, and time of supply
What damage is recoverable under s.5(1) of the CPA?
A. Pure economic loss (e.g. cost of replacing the defective item)
B. Personal injury and damage to other property (over £275)
C. Loss of anticipated profits
D. Emotional distress without physical harm
B. Personal injury and damage to other property (over £275).
Explanation: s.5(1) allows claims for death, personal injury, and property damage (other than the defective product) exceeding £275
A child swallows a piece of toy containing a hidden sharp shard and is injured. Under the CPA, who is strictly liable?
A. The toy manufacturer
B. Only the retailer
C. The child’s guardian
D. The customs importer
A. The toy manufacturer.
Explanation: Producers are strictly liable for defects that cause injury under s.2
An importer brings in electric heaters that overheat and burn a user. Under the CPA, the importer is:
A. Treated as a producer and strictly liable
B. Only liable if they also manufactured the heaters
C. Exempt if they did not design the product
D. Covered only by contract law
A. Treated as a producer and strictly liable.
Explanation: s.1(2)(c) deems importers into the EU to be producers for CPA purposes
A lawnmower blade breaks and damages a garden shed (worth £200). The owner’s CPA claim fails because:
A. Damage to other property must exceed £275
B. CPA covers only personal injury
C. Sheds are excluded property
D. The blade is a component only
A. Damage to other property must exceed £275.
Explanation: s.5(1)(b) requires a minimum damage threshold of £275 for property claims
A software glitch deletes files on a PC. Can the user recover data‐loss damages under the CPA?
A. No—software is not a “product” of goods or electricity
B. Yes—data counts as property
C. Yes—software is explicitly included
D. No—pure economic loss is always barred
A. No—software is not a “product” of goods or electricity.
Explanation: s.1(2) defines products as goods or electricity; standalone software is excluded
Which defence under s.4 is known as the “development risks” defence?
A. s.4(1)(a) general safety compliance
B. s.4(1)(b) compliance with mandatory standard
C. s.4(1)(d) all reasonable practical steps taken
D. s.4(1)(e) state of scientific and technical knowledge
D. s.4(1)(e) state of scientific and technical knowledge.
Explanation: A producer can escape liability if the defect was undiscoverable based on scientific knowledge at the time of supply
Which scenario defeats the development‐risks defence?
A. Producer shows defect undetectable at supply time
B. Contemporary research already identified the hazard
C. The defect arises from unforeseeable misuse
D. The product was tested extensively
B. Contemporary research already identified the hazard.
Explanation: If the risk was known or discoverable then, the s.4(1)(e) defence fails
Under s.4(1)(b), compliance with a mandatory standard is a defence if:
A. The producer voluntarily applied the standard
B. The producer shows full compliance at time of supply
C. The standard was higher than consumer expectations
D. The producer ignored voluntary guidelines
C. The standard was higher than consumer expectations.
Explanation: s.4(1)(b) covers strict compliance with safety regulations or standards
How long does a claimant have to bring a CPA 1987 claim?
A. 1 year from purchase
B. 3 years from date of knowledge of damage and defect
C. 6 years from supply date
D. No limitation period under CPA
B. 3 years from date of knowledge of damage and defect.
Explanation: By s.47A, the limitation period follows s.11(4A) of the Limitation Act 1980: 3 years from knowledge
