What was the first real acceptance for liability in negligence for defective goods?
Lord Atkin's judgement in Donoghue v Stephenson 1932
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What 3 important elements must be satisfied in order to claim successfully?
A duty of care is owed by the manufacturer, the manufacturer has breached h duty of care and the manufacturer has caused foreseeable loss.
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Which 5 types of people can be sued for a defect in goods?
Producer, importer, supplier, wholesaler, assembler, manufacturer and retailer.
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Which 2 types of people can sue for defective goods?
Suppliers injured by the goods and mere bystanders.
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What 3 elements must the claimant prove when bringing a claim in negligence for damage caused by defective goods?
The existence of a duty of care owed by the manufacturer, breach of duty by the manufacturer and the damage suffered was cause by the defendant's breach of the duty of care he owed.
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Which 4 types of people can be sued under the Consumer Protection Act 1987?
Producers, importers, suppliers and own-branders.
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What 3 things are not covered by the Consumer Protection Act 1987?
Buildings, nuclear power stations and agricultural produce which has not undergone an industrial process.
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What is a producer?
A person who extracts minerals from the ground.
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What is an importer?
Anybody who in the course of a business importers a product from outside of the EU.
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What is a supplier?
A person who supplies parts.
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What is a manufacturer?
A person who makes the parts needed.
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What is an assembler?
A person who puts parts together.
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What is a retailer?
A person who sells items individually.
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What does the term product liability mean?
When a product is defective or dangerous.
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Other cards in this set
Card 2
Front
What 3 important elements must be satisfied in order to claim successfully?
Back
A duty of care is owed by the manufacturer, the manufacturer has breached h duty of care and the manufacturer has caused foreseeable loss.
Card 3
Front
Which 5 types of people can be sued for a defect in goods?
Back
Card 4
Front
Which 2 types of people can sue for defective goods?
Back
Card 5
Front
What 3 elements must the claimant prove when bringing a claim in negligence for damage caused by defective goods?
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