Product Liability Lecture 10 Summary

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What is the main feature of strict liability for defective products?

Manufacturers must show reasonable care

It only applies to retailers

No need for a claimant to prove fault on the defendant (correct)

Fault must be proven by the claimant

According to Lord Atkin, what duty does a manufacturer owe to the consumer?

Duty to conduct intermediate examination of products

Duty to take reasonable care in product preparation to prevent injury (correct)

No duty to consumers

Duty to sell products at the lowest price

According to the Consumer Protection Act 1987, who shall be liable for the damage caused by a defect in a product?

Only the manufacturer

Only the importer

Only the supplier

Producers, own-branders, importers, and suppliers (correct)

What does 'defect' represent as per the Consumer Protection Act 1987?

A main criterion for liability under the statute Signup and view all the answers

Who would be considered a producer under the Consumer Protection Act 1987?

The person who facilitated or carried out an industrial process for the product Signup and view all the answers

Under what circumstances would an importer be liable for damage under the Consumer Protection Act 1987?

If they imported the product into the UK and supplied it to another in the course of business Signup and view all the answers

What is required for a supplier to be liable for damage under the Consumer Protection Act 1987?

To fail to comply with identifying persons who can be held accountable Signup and view all the answers

Who qualifies as an 'own-brander' under the Consumer Protection Act 1987?

Any person who puts their name on the product or uses a distinguishing mark indicating they are the producer Signup and view all the answers

In relation to a product, which activity could make a person eligible to be considered a producer?

Facilitating an industrial process essential to the product's characteristics Signup and view all the answers

'Defect' is a crucial factor for establishing liability under which statute?

$S 2(1) of CPA$ Signup and view all the answers

'Substances, crops, attached to land'' are covered under which section of the Consumer Protection Act 1987?

$S 45$ Signup and view all the answers

What does 'safety' encompass according to the text?

Safety includes risks of death or personal injury in addition to damage to property Signup and view all the answers

What is the test for defectiveness based on?

Legitimate expectations of the general public Signup and view all the answers

In what situation can a product be considered defective based on the expected use?

When it is used in a manner different from what is expected Signup and view all the answers

What type of defense involves compliance with statutory obligations according to the text?

Compliance with statutory obligation defense Signup and view all the answers

Based on the text, when can damages be claimed under the Consumer Protection Act?

For property damage exceeding £275 Signup and view all the answers

What is the main consideration in determining whether a product is defective according to the text?

The legitimate expectations of the general public Signup and view all the answers

'Warnings Drugs can be dangerous if wrong information about dosage is not provided.' What concept does this statement relate to?

'Instructions and warnings' Signup and view all the answers

'Tesco Stores v Pollard EWCA 393' is an example cited in the text for which purpose?

Case Law Signup and view all the answers

'Product may be defective because misuse was predictable.' This statement relates to which aspect of product safety?

Expected use Signup and view all the answers