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DEFECTIVE PRODUCTS UNDER THE CONSUMER PROTECTION ACT 1987 - Coggle Diagram
DEFECTIVE PRODUCTS
UNDER
THE CONSUMER PROTECTION ACT 1987
SALES AND GOODS ACT 1979
DEFENCES
(1) the defect is the result of compliance with any statutory requirement or EC obligation
(2) the defendant did not supply the product to any other person
(3) the defendant supplied the product not for profit (i.e. for non-profit reasons, gifs, charity, etc.)
(4) the product was not defective when it was first supplied
(5)
"development risk" defence
: the state of scientific and technical knowledge was not such that a producer of the product might be expected to have discovered the defect
(6) the loss was caused by the contributory negligence of the claimant or he was fully aware of the defect and nevertheless chose to use the product
Person Liable
(i) Producers
the manufacturer of a product
(ii) Importers
the product has been manufactured
outside
the EU
The importer of that product into
the EU
The
first
importer of the product into the EU
(iii) Own-branders
affixing his own name or his trademark to the product
(iv) the position of other suppliers
unable to define the persons primarily liable under the 1987 act
the supplier becomes responsible for the damage
(v) two or more persons
including the retailer
the consumer may sue all of those liable or in alternative one of them for the full amount
Liability
is
joint
and
several
Defects
the safety
of the product is not such as persons, generally, are entitled to expect
circumstances
the manner in which the product is marketed, and any instructions or warnings provided with it
the things that might reasonably be expected to be done
the time at which the product was supplied by the producer
Products
NOT include
(1) pure information
(2) computer software
(3) buildings or products incorporated into buildings
(4) Unprocessed agricultural produce
(5) game
consist of
GOODS
and
ELECTRICITY
SUBSTANCES: gas or water
Scope of liability
forms of damage recovered
(1) the damage must be of a
physical
kind, consisting of death/personal injury or damage to an form of private property, including land
(2) deals with physical damage to
property
, not defective product
(3) the property damage must be both of a description ordinarily intended for private use, occupation or consumption
(4) the amount must be in excess of
275 pounds
(5) the act does not extend to damage caused by nuclear accidents
limitation
3 years
from the date on which the product caused damage to bring an action
3 years
on which the claimant became aware of certain material facts, including the identity of the defendant
10 years
from the date at which the product was first supplied
the court can hear
outside the usual limitation period
, if it is
just
to do so (in
Personal injury cases
)