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(p. 262) 11. Product liability 

(p. 262) 11. Product liability
(p. 262) 11. Product liability

Kirsty Horsey

and Erika Rackley

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date: 15 October 2018

This chapter deals with damage caused by defective products. It considers two separate legal regimes. The first is the ordinary law of negligence, and the second is the system of strict liability introduced by the Consumer Protection Act 1987, as required by a European Directive (85/374/EEC). The latter is limited to personal injuries and to damage to private property, so there are still many cases where a claimant has to rely on negligence. Also, the Act applies only to certain kinds of defendants (‘producers’), and a claimant will need to use negligence if, for example, he is injured by a defectively repaired product. One important point is that both systems apply only to damage to goods other than the defective product and not to damage which the defective product causes to itself: that is a matter solely for the law of contract.

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