Product liability is concerned with circumstances where a product has been supplied and causes damage by virtue of some characteristic that might be described as a defect. The main source of law in this area lies in relation to contracts for the sale of goods, where normally the relationship between a buyer and a seller will be regulated by their contractual arrangements, including any valid exclusion clauses. Problems arise however, even in relation to actions by buyers against sellers where the seller is, for example, insolvent or untraceable, or perhaps where he is protected from contractual liability by an exclusion clause. Further, the defective goods may not only injure the buyer, and the contract is unlikely to provide a remedy for potential claimants not party to the contract of supply, since it must be comparatively rare for such a person to derive any benefit from the Contracts (Rights of Third Parties) Act 1999. In such circumstances a claimant, whether buyer or not, will be forced to rely on the law of tort or on statute for a remedy. This chapter examines such claims firstly those founded on negligence at common law and then under statute where there is strict liability for defective products.
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18. Product liability
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11. The Regulation of Medicines
This chapter examines the regulation of medicines. It covers the importance of establishing safety and efficacy before licensing, and afterwards as well, through pharmacovigilance mechanisms. European harmonization of medicines regulation means that Brexit has had a significant impact on how medicines are licensed for use in the UK. It also looks at liability for defective medicines, and the strict liability regime under the Consumer Protection Act.
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16. Product liability
This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in the case of Donoghue v Stevenson. The chapter discusses the limitations of the tort of negligence and suggests that, in the majority of cases, claimants should bring their actions for defective products under the Consumer Protection Act 1987 because it does not require proof of fault.
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10. Statutory Liability Regimes
Donal Nolan and Ken Oliphant
Although most of the law of tort is based upon common law principles, there are a number of situations where statutory liability regimes have been created. This chapter focuses on two of these statutory liability regimes, the liability of occupiers to those coming onto their land (governed by the Occupiers’ Liability Acts of 1957 and 1984) and liability in respect of defective products (governed by the Consumer Protection Act 1987). In both these areas Parliament has intervened to remedy perceived failings in the common law. The final part of this chapter considers the common law action for breach of statutory duty. This differs from the action for negligence in that the source of the defendant’s duty is not the common law; rather, the claimant’s case is founded on a breach of a duty imposed on the defendant by Parliament.
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16. Product Liability
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the statutory strict liability for damage arising from defective products as set out in the Consumer Protection Act 1987 and the EEC Directive on Product Liability. It begins by considering the apportionment of risks associated with products and the development risks defence before turning to similarities between statutory liability and common law liabilities based on negligence and on strict liability. It then looks at the reasons why it is misleading to consider ‘product liability’ in isolation and the concept of defectiveness.
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6. Product Liability
Dr Karen Dyer and Dr Anil Balan
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The chapter discusses the law on product liability. It covers key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the general principles of negligence; the meaning of strict liability; and the Consumer Protection Act 1987 and its relationship with the common law regarding consumer protection.
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24. Contractual issues
Any product can have defects – or at least fail to meet the expectations of a purchaser. A range of statutory provisions confer rights on a party acquiring goods if these are not of satisfactory quality. Software and what is referred to as “digital content” is covered by these provisions although their application gives rise to a number of difficulties. Unlike most physical products where defects will be found in one or a small number of the items, every digital work will be an exact copy of the original. If one product is considered faulty, the same fate may await all of the others. In most instances software is licenced rather than sold. It is commonplace for a licence to seek to restrict or exclude liabilities that might otherwise arise. The question may then be whether the terms of the licence are enforceable. In many instances they may be brought to the customer’s attention after the contract for supply has been concluded. The use of “click-wrap” licences where a user has to click on a box indication acceptance of contractual terms prior to using the software may assist but questions of time will again be very significant.
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23. European consumer law
Geraint Howells and Jonathon Watson
This chapter examines EU consumer law. In recent years, international, supranational, and national events alongside technological developments have had and will continue to have a profound effect on EU consumer law. The Covid-19 pandemic has changed consumption habits which, together with rapid digitalization, have created new challenges and risks for consumers, testing the limits not only of older but also more recent EU consumer legislation in a range of sectors. In this context, this chapter discusses the negative impact of EU law on national consumer protection rules; rules on information duties (including the duty to not mislead) and the right of withdrawal; rules establishing consumer expectations; rules on product safety and product liability; and rules on unfair terms and sale of goods. The chapter also covers EU legislation providing general substantive rights; enforcement of consumer protection rules; and consumers’ right of private redress.
Book
Jenny Steele
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Tort Law: Text, Cases, and Materials combines incisive commentary with carefully selected extracts from primary and secondary materials to provide a balance of support and encouragement. This volume starts by introducing the fundamental principles of the subject before moving on to discuss more challenging issues, hoping to encourage a full understanding of the subject and an appreciation of the more complex debates surrounding the law of tort. The text starts by providing an overview. Various torts are then arranged along a spectrum from intentional torts, through negligence, to stricter liabilities. Also considered are issues relating to damages, compensation, limitation, and vicarious liability. After introducing intentional torts, the book looks at the tort of negligence. Chapters also cover nuisance and duties relating to land and defamation and privacy. Finally, stricter liabilities are examined such as product liability.
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15. Business-related torts
This chapter examines the different types of torts that can affect businesses. A number of these torts (namely product liability, and wrongful interference with goods) aim to protect persons’ usage of goods, whereas other torts (such as nuisance, and the tort in Rylands v Fletcher) are more about protecting persons’ enjoyment of land and property. The tort of occupiers’ liability discusses the duties that are owed by persons who occupy land to those who are present on that land (both lawful visitors and non-lawful visotors). The chapter also discusses the protection of more abstract interests, such as how the law of defamation seeks to protect a person’s reputation. In addition, a number of other torts are discussed, including employers’ liability, and breach of statutory duty.
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10. Product liability
This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987 (CPA 1987), passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA 19876 establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA 1987 include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.
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10. Product liability
This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987 (CPA 1987), passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA 19876 establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA 1987 include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.
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11. Seller’s obligations as to quality
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
This chapter considers the seller’s obligations as to the characteristics and quality of goods sold. The main concentration is on the implied terms under ss 13–15 of the Sale of Goods Act 1979 requiring goods to correspond with their description, to be fit for purpose and of satisfactory quality, and to match any sample provided. But considerable stress is also laid on the vital practice of commercial parties to draft their own bespoke terms and oust those otherwise implied. The chapter also covers the contractual liability applying between seller and buyer.
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10. Product liability
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product but also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 involves a strict liability regime for defective products on a variety of potential defendants. This discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.
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12. Nuisance
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product but also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 of the UK involves a strict liability regime for defective products on a variety of potential defendants. This discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.
Chapter
10. Product liability
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product, but he will also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 involves a strict liability regime for defective products on a variety of potential defendants. This chapter discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.
