Topic 10 - Product liability Flashcards
(33 cards)
What is the statutory basis for claiming damage caused by defective products?
The Consumer Protection Act 1987 provides a statutory basis for claiming in relation to damage caused by defective products.
It does not replace any claim in negligence or breach of contract.
What are the key terms defined in relation to product liability under the Consumer Protection Act 1987?
The key terms are:
* Product
* Defect
* Damage
What is required for a successful claim in negligence?
The claimant must show ‘fault’ on the part of the defendant, meaning the defendant breached a duty of care.
What type of liability does the Consumer Protection Act 1987 aim to introduce?
A strict liability regime where parties can be found liable without needing to show fault.
How does the Act contribute to consumer protection?
It provides better protection from a consumer’s perspective and makes it easier for them to claim.
What does Section 2(1) of the Act state?
Where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) applies shall be liable for the damage.
Define ‘product’ as per the Consumer Protection Act 1987.
‘Product’ means any goods or electricity and includes a product which is comprised in another product.
Give an example of a product that is still considered a product when part of another product.
A computer chip remains a product even when it becomes part of a computer.
What constitutes a defect in a product according to Section 3(1)?
A defect exists if the safety of the product is not such as persons generally are entitled to expect.
What factors determine what people are entitled to expect regarding product safety?
Factors include:
* Manner/purposes for which it has been marketed
* What might reasonably be expected to be done with/in relation to the product
* The time when the product was supplied
What is the definition of ‘damage’ under Section 5(1)?
‘Damage’ means death or personal injury or any loss or damages to any property, including land.
What types of losses are not recoverable under the Act?
Pure economic loss and the loss of the product itself.
Who can be liable for damage caused by a defective product according to Section 2(2)?
Liable parties include:
* The producer of the product
* Any person who holds themselves out as the producer
* Any person who imports the product into the UK
What is the implication of Section 2(3) regarding suppliers?
A supplier can be liable for damage caused by a defective product if they fail to identify the producer/importer when requested.
Who can bring a claim under the Consumer Protection Act 1987?
Anyone suffering damage as a result of the defect can sue, not limited to the purchaser or user of the product.
What are two important defences under Section 4 of the Act?
The important defences are:
* The defect did not exist at the relevant time
* The state of scientific and technical knowledge was such that the defect could not have been discovered
What does Section 7 state about exemption clauses?
Section 7 prohibits any exclusion or limitation of liability under the provisions of the Act.
What is the limitation period for bringing a claim under the Act?
The claim must be brought within three years from the date of the injury and/or damage.
What does s 7 of the Consumer Protection Act 1987 prohibit?
Exclusion or limitation of liability under the provisions of the Act
This ensures that consumers cannot be denied their rights under the Act.
What is the time limit for bringing a claim under the Limitation Act 1980?
Three years from either:
* the date the injury/damage occurred
* when the claimant became aware of the damage
This is specified in s 11A(4) of the Limitation Act 1980.
What is the long stop period for claims under the Limitation Act 1980?
Ten years after the product was put into circulation by the defendant
This serves as an absolute defense to claims after this time.
What is the difference in limitation periods between the Act and negligence claims for property damage?
Under the Act, three years from when damage is known; negligence allows six years
This highlights the more generous limitation rules in negligence for certain types of claims.
Who is protected under the Consumer Protection Act 1987?
Anyone suffering damage as a result of the defect
This extends beyond just purchasers or users of the product.
