Product Liability

• What are the two main types of law related to product liability?

  Common Law and Statutory Law
• Which case established the principle of duty of care in product liability?


  Donoghue v Stevenson
• What must be proven regarding damage in a duty of care claim?

  Damage must be foreseeable to anyone affected
• How does an intermediate party affect the chain of causation?

  It can break the chain of causation
• What is included in the definition of a product?

  Anything capable of causing damage, including packaging and labels
• What is the standard of care expected from a manufacturer?

  The standard of care is that of a reasonable manufacturer
• What are the two types of causation in product liability?

  Legal causation and factual causation
• What is the 'but for' test used for?

  To establish factual causation
• What type of loss is not recoverable under product liability?

  Pure economic loss from repairing or replacing a product
• What are some defenses in product liability cases?

  Consent, exclusion of policy, and contributory regulations
• Under the Consumer Protection Act 1987, who can sue for damages?

  Anyone who has suffered recognized damage
• Who can be sued under the Consumer Protection Act 1987?

  Producer, manufacturer, own-brander, and supplier
• What constitutes 'damage' under the Consumer Protection Act 1987?

  Personal injury, damage to product not covered, and property damage exceeding £275
• What is considered a defect in a product?

  The manner and purpose for which the product is marketed, expected use, and time of supplier
• What is included in the definition of a product according to the Consumer Protection Act?

  Any goods or electricity, including compromised products
• How does the case Al-Igra v DSG Retail Ltd relate to causation?

  It illustrates the application of the 'but for' test in causation
• What is contributory negligence in the context of product liability?

  A defense that reduces liability based on the claimant's own negligence
• What section of the Consumer Protection Act addresses liability for defective products?

  Section 2(1)
• What does section 5 of the Consumer Protection Act define as damage?

  Personal injury, damage to product not covered, and property damage exceeding £275
• What is the significance of the case Bogle v McDonald's Restaurant?

  It defines what constitutes a defect in a product
• What does section 2(2) of the Consumer Protection Act specify about who can be sued?

  It includes the producer, manufacturer, own-brander, and supplier
• How does the concept of 'novus actus' relate to causation in product liability?

  It refers to a new act that breaks the chain of causation
• What is the role of section 4(1) in defenses and litigation?

  It outlines the defenses available in product liability cases
• What is the legal definition of a product under section 1(2(e))?

  Any goods or electricity, including compromised products
• What does section 45(1) of the Consumer Protection Act define?

  It defines any substance as a product
• How does the case Evans v Triplex Safety Glass relate to product liability?

  It examines the chain of causation in product liability claims
• What is the significance of the case Kubach v Holland in product liability?

  It addresses the issue of causation in product liability claims
• What is the purpose of the Consumer Protection Act 1987?

  To provide liability for defective products
• What does section 2(3) of the Consumer Protection Act state about suppliers?

  Suppliers can be liable if they do not provide producer details
• How does the concept of recoverable losses apply in product liability cases?

  Only certain types of losses, such as personal injury, are recoverable
• What is the role of the Consumer Protection Act in relation to product defects?

  It establishes liability for damage caused by defective products
• What is the definition of 'contributory negligence' in product liability?

  A defense that reduces liability based on the claimant's own negligence
• What does section 2(1) of the Consumer Protection Act specify about liability?

  Liability is established if damage is caused wholly or partially by a defect in a product
• How does the case Andrew v Hopkinson relate to the duty of care in product liability?

  It establishes the duty of care between manufacturer and consumer
• What is the significance of the Consumer Protection Act in consumer rights?

  It provides consumers with the right to sue for damages caused by defective products
• What is the threshold for property damage to be recoverable under the Consumer Protection Act?

  Property damage exceeding £275
• What does the term 'recoverable losses' refer to in product liability?

  Losses that can be claimed back due to damage caused by a defective product
• How does the concept of 'defect' relate to the marketing of a product?

  A defect is determined by the manner and purpose for which the product is marketed
• What is the role of the supplier in product liability under the Consumer Protection Act?

  Suppliers can be held liable if they do not provide producer details
• What is the significance of the term 'novus actus' in legal causation?

  It refers to a new act that breaks the chain of causation