Product Liability and Consumer Protection Act - Exam Essay Template
EXPLANATION of CPA and STRICT LIABILITY:
The question requires an explanation of the extent of strict liability in tort for damage caused by
defective products.
Points to be covered:
Consumer Protection Act 1987: Imposes strict liability for damage caused by defective products.
Explain the provisions of the Act which achieve strict liability:
CPA s.2 (1) – where damage is caused by a defect in a product [the defendant] shall be liable for the
damage.
CPA s.3 – There is a defect in a product if the safety of the product is not such as persons generally
are entitled to expect.
Liability is outcomes based (existence of a defect causing damage) not fault based (no requirement
for lack of reasonable care). Examine the provisions in more detail: Relevant defendants:
CPA s.2 identifies the following as defendants upon whom liability is imposed:
- The producer of the product
- A person holding himself out as producer of the product, by putting his name or
distinguishing mark on it: the ‘own brander’.
- The importer into the EU (in order to supply it in the course of business)
- A supplier of the product who fails to identify the producer (or own brander, importer, or
their own supplier): the ‘forgetful supplier’.
Of the classes of potential defendants, only the producer actually has any involvement in
manufacture of the goods. So, responsibility for a defect in goods rests not on having created the
defect, but upon having dealt with the goods and exposed the consumer to them. This is consistent
with the principle of strict liability.
Factors to consider when determining whether a product is defective:
CPA s.3. As above, a product is defective if its safety is not such as persons generally are entitled to
expect. In determining what persons generally are entitled to expect of a product, all of the
circumstances are to be taken into account. This includes specifically the following:
- The purpose for which the product was marketed
- The manner of marketing and the product get-up
- Instructions for use - Warnings
- What might reasonably be expected to be done with the product
- The time when the product was supplied (but a product is not defective simply because
products supplied later have greater safety)
EXPLANATION of CPA and STRICT LIABILITY:
The question requires an explanation of the extent of strict liability in tort for damage caused by
defective products.
Points to be covered:
Consumer Protection Act 1987: Imposes strict liability for damage caused by defective products.
Explain the provisions of the Act which achieve strict liability:
CPA s.2 (1) – where damage is caused by a defect in a product [the defendant] shall be liable for the
damage.
CPA s.3 – There is a defect in a product if the safety of the product is not such as persons generally
are entitled to expect.
Liability is outcomes based (existence of a defect causing damage) not fault based (no requirement
for lack of reasonable care). Examine the provisions in more detail: Relevant defendants:
CPA s.2 identifies the following as defendants upon whom liability is imposed:
- The producer of the product
- A person holding himself out as producer of the product, by putting his name or
distinguishing mark on it: the ‘own brander’.
- The importer into the EU (in order to supply it in the course of business)
- A supplier of the product who fails to identify the producer (or own brander, importer, or
their own supplier): the ‘forgetful supplier’.
Of the classes of potential defendants, only the producer actually has any involvement in
manufacture of the goods. So, responsibility for a defect in goods rests not on having created the
defect, but upon having dealt with the goods and exposed the consumer to them. This is consistent
with the principle of strict liability.
Factors to consider when determining whether a product is defective:
CPA s.3. As above, a product is defective if its safety is not such as persons generally are entitled to
expect. In determining what persons generally are entitled to expect of a product, all of the
circumstances are to be taken into account. This includes specifically the following:
- The purpose for which the product was marketed
- The manner of marketing and the product get-up
- Instructions for use - Warnings
- What might reasonably be expected to be done with the product
- The time when the product was supplied (but a product is not defective simply because
products supplied later have greater safety)
