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19.1. Product liability and negligence

There are some old examples of imposing liability;
o Dixon v Bell (1816) - It was accepted that there was liability for injuries caused by a defective
gun when it went off as someone…

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Retailers (shopkeepers) ­ Kubach v Hollands (1937) ­ a retailer failed to follow
instructions on testing a product before labelling it, which caused damage;
Suppliers of goods (other possible suppliers, e.g. mail order) ­ Herschtal v Stewart
and Arden Ltd (1940) ­ where the duty owed by the supplier goes…

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Failing to do anything about a known fault ­ Walton v British Leyland (1978) ­ a
manufacturer failed to recall cars with a defect once it had been found so he was
liable for negligence;
Negligence is fault-based, so the manufacturer must prove fault of another;
This can make it…

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All that the consumer needs to prove is the defect in the goods, the damage caused
and that the damage was actually caused by this defect;
A number of defences to protect innocent producers ­ e.g. due diligence.

19.3. Statutory product safety

The UK put the EU Directive into national…

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19.3.3. Defects covered by the Act

Defect is defined in s 3(1):
`If the safety of the product is not such as persons generally are entitled to expect, taking into
account all the circumstances...';
Things taken into account in deciding if goods are unsafe:
The purpose for which the product…


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