Product liability

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What is Product liability?
Injury or damage caused by faulty products?
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What happened in Mason v Williams?
D was liable. He lacked reasonable care in manafacturing the chisel
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What happened in Evans?
D was not liable, no evidence to prove a faulty window screen
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What act can the claimant claim under?
The Consumer Protection Act 1987
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When can a claim be brought?
Where " any damage is wholly or partly by a defect in product"
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What is a product?
" Any good or electricty"
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Who is a producer?
A manafacturer or those applying an industrial process to the goods
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What is a defect?
" the safety of the product is not such as persons are generally entitled to expect"
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What can the defect be in?
Design, processing, manafacturing, in instructions or lack of warning, installed or assembled in an unsafe way.
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What happened in A v National Blood Authority?
D was criminally liable, the blood was defective
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What happened in Abouzaid v Mothercare?
Manafactuer was liable after 12 year old was injured trying to fasten a sleeping bag to the back of a pushcair. Caused his signifcant loss of vision.
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List the defences which the prodcuer can use to avoid liability
Product complied with EU standards, defect did not exist at the time the product was supplied and scientific and technical knowledge meant D could not have been expected to discover the defect
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Other cards in this set

Card 2

Front

What happened in Mason v Williams?

Back

D was liable. He lacked reasonable care in manafacturing the chisel

Card 3

Front

What happened in Evans?

Back

Preview of the front of card 3

Card 4

Front

What act can the claimant claim under?

Back

Preview of the front of card 4

Card 5

Front

When can a claim be brought?

Back

Preview of the front of card 5
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