Week 16: Product Liability Flashcards
(17 cards)
What does the Consumer Protection Act 1987 establish about liability for defective products?
Under the Consumer Protection Act 1987, there is strict liability for harm suffered by consumers due to defective goods.
What must a consumer prove under the Consumer Protection Act 1987?
Under the Consumer Protection Act 1987, a consumer must prove that a product was defective and that the defect caused them harm.
What is defined as a ‘product’ under the Consumer Protection Act 1987, s1(2)(c)?
Under the Consumer Protection Act 1987, s1(2)(c), a product includes ‘any goods or electricity’, and also covers component parts and raw materials.
What is a defective product under the Consumer Protection Act 1987, s3(1)?
A product is defective if the safety is not such as persons generally are entitled to expect, according to CPA 1987, s3(1).
How do courts assess whether a product is defective under CPA 1987?
Courts consider circumstances like marketing and warnings (s3(2)(a)), expected use (s3(2)(b)), and when it was supplied (s3(2)(c)).
Who can be liable for a defective product under CPA 1987?
Under CPA 1987 s2(2), the liable parties include: (1) the producer, (2) anyone putting their name or trademark on the product, and (3) the importer.
Is there liability under CPA 1987 if only the defective product itself is damaged?
No, under s5(2) there is no liability if the defective product itself is the only thing damaged.
Is there liability for property damage to non-private property under CPA 1987?
No, under s5(3), there is no liability if the property damaged is not for private use.
What is the minimum value for property damage to be actionable under CPA 1987?
Under s5(4), property damage must exceed £275 to be actionable (de minimis threshold).
Who is a producer under the Consumer Protection Act 1987?
A producer is the manufacturer (s1(2)(a)), the person who owns or extracts the product (s1(2)(b)), or the person who carried out the industrial process (s1(2)(c)).
What happens if the producer cannot be identified under the CPA 1987?
If the producer can’t be identified, the consumer can request the supplier to identify them (s2(3)(a)); if the supplier fails to do so in a reasonable time (s2(3)(b)-(c)), the supplier becomes liable.
What defences are available under the CPA 1987 (s4)?
Defences include:
Compliance with legal obligation (s4(1)(a))
Did not supply to others (s4(1)(b))
Not supplied for profit/business (s4(1)(c))
Defect arose later (s4(1)(d))
Defect undiscoverable by scientific knowledge at the time (‘state of the art’ defence, s4(1)(e))
Defect was due to final product or producer’s instructions (s4(1)(f))
What are some example cases under product liability?
A v National Blood Authority – contaminated blood
B v McDonald’s – hot drinks
Worsley v Tambrands – tampons
Abouzaid v Mothercare – sleeping bag accident
What contracts are covered by the Consumer Rights Act 2015?
The CRA 2015 covers:
Sales (s3(2)(a))
Hire of goods (s3(2)(b))
Hire-purchase agreements (s3(2)(c))
Transfers of goods (s3(2)(d))
What defines a sales contract under the Consumer Rights Act 2015?
A sales contract is where the trader transfers or agrees to transfer ownership of goods to the consumer (s5(1)(a)) for a price (s5(1)(b)).
What terms are implied into sales contracts under the CRA 2015?
Goods must:
Match their description (s11(1))
Be of satisfactory quality (s9(2))
Which includes: fitness for purpose (s9(3)(a)), appearance (s9(3)(b)), no minor defects (s9(3)(c)), safety and durability (s9(3)(d)).
What happens if goods are bought for a specific purpose under the CRA 2015?
If a consumer makes the purpose known, goods must be fit for that purpose (s10(1)).
