Product liability

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  • Created by: _marxlee
  • Created on: 30-04-17 15:37
what is product liability?
when a consumer buys goods which then turn out to be defective and which causes injury to the consumer, or damage to his property
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what happened in abouzaid v mothercare?
C, aged 12 got hit in the eye by an elastic strap from the sleeping bag which hit him in the eye causing serious, permanent damage
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what was the legal ruling in this case?
the risk of injury was so small, and so the reasonable manufacturer would have failed to recognise it
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what happened in bogle v mcdonalds?
young child was injured when he spilt a hot drink served by mcdonalds
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what was the legal ruling of this case?
mcdonald's was not in a breach of the 1987 act as the duty of care did not extend to warning about obvious risks
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what does section 2 of the consumer protection act 1987 impose liability for?
damage caused wholly or partly by a defect in a product
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who does liability fall on?
producers, retailers, persons holding themselves out as producers, importers of products into the EU
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what type of liability is product liability?
strict- no intention needed to prove
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what does section 5 highlight?
what damage includes
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what does damage include?
death to the consumer, personal injury to the customer, damage to the consumers property
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what is the damage to the consumer's property provided?
that the property is of of a type usually intended for private use, it is intended for private use by the consumer, the value of the damage is more than £275, damage to the product itself cannot be claimed for
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what is a product?
any goods or electricity and includes products aggregated into other products, whether as component parts, raw materials or otherwise
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what are not included as a product?
buildings and land that cause damage are not included, though construction materials such as bricks and girders are
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what does section 3 define?
a defect
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when is a defect present?
when the safety of the product is not such as persons generally are entitled to expect
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what is the standard of safety that persons generally are entitled to expect?
the manner in which the product has been marketed, any insturctions or warnings refraining from doing anything with or in relation to the product, what might reasonably be expected to be done with or in relation to the product
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what are some of the other factors?
the time when the product was supplied by its producer to another, the consumers care for his own safety as in bogle v mcdonalds, the fact that older products were less safe than newer ones does not render the older products defective
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what is a limitation of the consumer protection act?
claims under the act are barred 3 years after the date when damage occurred or when it came to the knowledge of the consumer
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no claim can be brought more than ? years after the date the product was put in circulation
10
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what is some defences to product liability?
the defect is attributable to compliance with a requirement imposed by law, the d did not at any time supply the product to another, the d did not supply the goods in the course of business, the defect did not exist in the product when in circulation
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can contributory negligence of the consumer be a defence?
yes
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Card 2

Front

what happened in abouzaid v mothercare?

Back

C, aged 12 got hit in the eye by an elastic strap from the sleeping bag which hit him in the eye causing serious, permanent damage

Card 3

Front

what was the legal ruling in this case?

Back

Preview of the front of card 3

Card 4

Front

what happened in bogle v mcdonalds?

Back

Preview of the front of card 4

Card 5

Front

what was the legal ruling of this case?

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Preview of the front of card 5
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