Mapa mental
Consumer Protection Act 1987
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Consumer Protection Act 1987
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
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
- The person who manufactured it
- 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
- Any good, electricity or any product which is comprised within another product, whether by being a component, a raw material or otherwise
- 1.1 "producer":
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
- 2.2 "Defendant":
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)
- 3.2(a) Marketing, its get-up and the use of any mark to give instructions or warnings
- 3.1 When the safety product is not such as persons are generally entitled to expect; Including:
- "Defect":
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
- Defences
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
- Damage
S.6
- Contributary Negligence
- Froom v Butcher
- O'Connel v Jackson
- Sayers v Harlow
- Brannon v Airtours
- Contributary Negligence
Informações
- Descrição
- Consumer protection act 1987 - product liability - law of tort - AQA A2 law
- Criado por
- Sophie.J.E
- Visualizações
- 231
- Tags
- Avaliação