Consumer Protection Act 1987

Sophie.J.E
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Consumer protection act 1987 - product liability - law of tort - AQA A2 law

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Sophie.J.E
Created by Sophie.J.E over 6 years ago
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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
2.1 1.1 "producer":
2.1.1 The person who manufactured it
2.1.1.1 Bogle v McDonalds
2.1.2 The person who won or abstracted it
2.1.3 The person who carried out the industrial process
2.2 1.2 "Product":
2.2.1 Any good, electricity or any product which is comprised within another product, whether by being a component, a raw material or otherwise
2.2.1.1 A v National blood authority
3 S.2
3.1 2.2 "Defendant":
3.1.1 The 'producer' (see S.1) of the product
3.1.2 Anyone who has held themselves to be the producer either by giving it their name or their trademark
3.1.2.1 E.g Sainsbury's 'own brand' products
3.1.3 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
3.2 2.1 Claimant may sue if he suffers damage which is caused wholly or partly by a defective product
4 S.3
4.1 "Defect":
4.1.1 3.1 When the safety product is not such as persons are generally entitled to expect; Including:
4.1.1.1 3.2(a) Marketing, its get-up and the use of any mark to give instructions or warnings
4.1.1.1.1 Worsley v Tambrands
4.1.1.2 3.2(b) What might reasonably be expected to be done with or in relation to the product
4.1.1.2.1 Richardson v LRC products
4.1.1.3 3.2(c) The time when the product was supplied from its producer to another
4.1.1.3.1 Abouzaid v Mothercare
4.1.1.4 (defect cannot be infurred from a product being of greater safety than advertised)
5 S.4
5.1 Defences
5.1.1 Product may be in compliance with regulations or requirements
5.1.2 The person acused may not have produced/supplied the product
5.1.3 The supply of the product may not have been in the course of a business of the acused
5.1.4 Section 2.2 may not apply to the acused
6 S.5
6.1 Damage
6.1.1 5.1 "Damage" means death or personal injury or any loss of or damage to any property(including land)
6.1.2 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
6.1.3 5.4 No damages will be awarded if the damage does not amount to more than £275
7 S.6
7.1 Contributary Negligence
7.1.1 Froom v Butcher
7.1.2 O'Connel v Jackson
7.1.3 Sayers v Harlow
7.1.4 Brannon v Airtours

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