Consumer Protection Act 1987

Consumer Protection Act 1987

1. Created to bring UK law in line with EU law - no need to prove liability if product is defective and causes harm then it is strict liability

2. S.1

   • 1.1 "producer":
     • The person who manufactured it
       • Bogle v McDonalds
     • The person who won or abstracted it
     • The person who carried out the industrial process
   • 1.2 "Product":
     • Any good, electricity or any product which is comprised within another product, whether by being a component, a raw material or otherwise
       • A v National blood authority

3. S.2

   • 2.2 "Defendant":
     • The 'producer' (see S.1) of the product
     • Anyone who has held themselves to be the producer either by giving it their name or their trademark
       • E.g Sainsbury's 'own brand' products
     • Any person who has imported the product into a member state from outside of the member state, in the course of any business of his, to supply it to another
   • 2.1 Claimant may sue if he suffers damage which is caused wholly or partly by a defective product

4. S.3

   • "Defect":
     • 3.1 When the safety product is not such as persons are generally entitled to expect; Including:
       • 3.2(a) Marketing, its get-up and the use of any mark to give instructions or warnings
         • Worsley v Tambrands
       • 3.2(b) What might reasonably be expected to be done with or in relation to the product
         • Richardson v LRC products
       • 3.2(c) The time when the product was supplied from its producer to another
         • Abouzaid v Mothercare
       • (defect cannot be infurred from a product being of greater safety than advertised)

5. S.4

   • Defences
     • Product may be in compliance with regulations or requirements
     • The person acused may not have produced/supplied the product
     • The supply of the product may not have been in the course of a business of the acused
     • Section 2.2 may not apply to the acused

6. S.5

   • Damage
     • 5.1 "Damage" means death or personal injury or any loss of or damage to any property(including land)
     • 5.3 A person wont be liable for any damage under section 2 if at the time of loss or damage it is not (a) intended for private use, occupation or consumption and (b) intended for these uses by the person suffering
     • 5.4 No damages will be awarded if the damage does not amount to more than £275

7. S.6

   • Contributary Negligence
     • Froom v Butcher
     • O'Connel v Jackson
     • Sayers v Harlow
     • Brannon v Airtours