If a defective product is gifted to you can you claim in contract?
No have to be party to contract as privity of contract states.
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What type of liability is contract ?
Strict liability.
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What is the basic principle of the Consumer Protection Act?
CPA is to impose liability where damage is caused by defective product.
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What type of liability is CPA?
Strict liability - however not absolute as defences available.
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What does the test for if the product is defective depend upon?
Depends upon safety of product not degree of care taken by producer.
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Under CPA does the consumer have to prove fault?
No, tries to standardise consumer across the union.
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What type of harm is covered by the CPA?
Deather/PI, damage to property and property damage over £275 (s5)
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What type of harm is not covered by CPA?
Damage to product itself (PEL), business property,property damage under £275 and consequential economic loss.
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Who can be a defendent under the CPA?
a producer,a person who holds themself out as producer, importer into EU and supplier.
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When will a supplier be liable under the CPA?
The forgetful supplier, will be liable only when they fail to comply with a request to identify the producer,own brander or importer of their own supplies.
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What did A v National Blood establish?
CPA imposes strict liability when doctors weren't at fault in negligence.
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What did Murphy v Brentwood establish?
PEL not recoverable.
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What did Abouzaid v Mothercare establish?
Risk of injury was avoidable.
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What are the defences to liability under CPA?
To show that the producer couldn't be expected to have discovered the defect in product due to state of scienctific and technical knowledge at the time the product was supplied.
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What is the defence under CPA called?
Development Risk Defence s4(1)
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In negligence what does the consumer have to prove?
Fault on manufacturer, that the manufacturer fell below standard of care.
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What is the duty of care and what is the authority for it?
Donoghue v Stevenson - product expected to reach consumer in same condition as when it left manhufacturer with no liklihood of intermediate intervention.
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What is the standard of care?
Reasonable manufacturer.
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Who is a manufacturer?
Abyone who has worked on product inc repairers and those who have hired out products.
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What did Haseldine v Daw establish?
Repairer can constitute a manufacturer.
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What did Andrews v Hopkinson establish?
Those who hire out products can constitute a manufacturer.
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What is a product?
Anything which has been produced inc packaging and instructions.
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When is a duty of care owed?
Consumer - anyone who d should reasonably have in mind as likely to be injured by d's negligence - legal neighbour.
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What did Stennet v Hancock establish?
Consumer not limited to person using product.
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What did Kubach v Hollands establish?
If examination of product is required before it reaches the consumer, if the 'middle man' fails to do so will be liable in negligence.
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What did Grant v Australia Knitting Mill establish?
Proving breach on the facts.
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What is the breach of duty test?
Reasonable manufacturer, the existence of a defect in a product may be sufficient to raise an inference that the D has been negligent.
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What did Daniels v R White & Sons establish?
No inference so can't always rely that courts will decide this.
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Other cards in this set
Card 2
Front
What damages are recoverable in contract?
Back
Cost of product itself - PEL.
Card 3
Front
If a defective product is gifted to you can you claim in contract?
Back
Card 4
Front
What type of liability is contract ?
Back
Card 5
Front
What is the basic principle of the Consumer Protection Act?
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