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2018•Oxford University Press eBooksRequires access

16. Product liability

Christian Witting

Open publisher page 1 citations

Abstract

This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in Donoghue v Stevenson. The chapter discusses the limitations of the tort of negligence and suggests that claimants should bring their actions for defective products under the Consumer Protection Act 1987 because it does not require proof of fault.

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What this paper is about

This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in Donoghue v Stevenson. The chapter discusses the limitations of the tort of negligence and suggests that claimants should bring their actions for defective products under the Consumer Protection Act 1987 because it does not require proof of fault.

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Available abstract

This chapter examines the provisions of tort law concerning product liability. It explains that a defendant can be held liable for a defective product that causes personal injuries or causes damage to property and that the liability for failure to take care in the manufacture of a product causing personal injury was established in Donoghue v Stevenson. The chapter discusses the limitations of the tort of negligence and suggests that claimants should bring their actions for defective products under the Consumer Protection Act 1987 because it does not require proof of fault.

Key concepts: Tort, Product liability, Personal injury, Strict liability, Product (mathematics), Business, Liability, Property (philosophy)

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