Product Liability
- Created by: Owais360
- Created on: 09-04-14 10:41
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- Product Liability
- Type of Loss
- S5 Consumer Protection Act-Physical Loss but excludes items of value under £275.
- Can Claimant sue?
- S2 (1)
- Is the Defendant a producer?
- S1 (2)
- Actual Manufacturer {Bogle v McDonald's Restaurant}
- Abstractor
- Own Brander
- Importer
- (Supplier if delays)
- S1 (2)
- Product?
- S1 (2)
- A v National Blood Authority
- S1 (2)
- Is the product defective?
- S3- Claimant must prove 'the safety of the product is not such as persons generally are entitled to expect'
- S3 (2) Considering: -D's claims -Packaging -Standards -Instructions/ Warnings -Purpose of Product -Time in history
- S3- Claimant must prove 'the safety of the product is not such as persons generally are entitled to expect'
- Defences
- S4 -Defective to comply with law -Product not supplied -D not a business -Development risk ~ not allowed in {A v National Blood Authority}
- Type of Loss
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