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Products Within The Strict Liability Regime

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0011
Subject:
Law, Law of Obligations

Before liability is incurred under the Consumer Protection Act 1987, a product containing a defect must cause damage. Section 1(2) of the Act provides a definition of ‘product’. It states that ... More


Causation, Remoteness of Damage, and Defences

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0021
Subject:
Law, Law of Obligations

One of the most important and complex elements in many product liability actions is the establishment of a causative link between the allegedly defective product and the relevant damage. Indeed, ... More


Persons Subject To Liability

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0010
Subject:
Law, Law of Obligations

There is ample room for debate as to the category of persons who should be required to assume responsibility for damage caused by a defective product. The most obvious is the producer or ... More


Statutory Defences to Liability

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0015
Subject:
Law, Law of Obligations

Section 4 of the Consumer Protection Act 1987 provides a number of defences to liability which mirror those provided by Article 7 of Council Directive 85/374/EEC (the Product Liability Directive). ... More


The Requirement Of A Defect: Introductory Issues

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0012
Subject:
Law, Law of Obligations

The removal of a requirement of proving negligence, which is usually regarded as the distinguishing feature of the system of strict liability introduced by Pt I of the Consumer Protection Act ... More


The Types of Damage or Loss compensated

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0020
Subject:
Law, Law of Obligations

There may be major difficulties in determining the types of damage or loss which will be compensated in product liability litigation and this is so whether the claim is based on the strict ... More


Provisions Covering General Product Safety

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0025
Subject:
Law, Law of Obligations

The main purpose of this book is to provide a detailed statement of the principles governing the civil liability of manufacturers and others for damage or loss caused by defective products. In ... More


Defects In Warnings And Instructions For Use

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0014
Subject:
Law, Law of Obligations

It has long since been recognized that liability in negligence may be incurred where there has been a failure to warn of a product’s dangerous characteristics and there is no shortage of modern ... More


Introduction To Strict Product Liability

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0009
Subject:
Law, Law of Obligations

The adoption of the strict liability scheme for defective products by the European Union Product Liability Directive, and its subsequent transposition through Pt 1 of the Consumer Protection Act ... More


Manufacturing Or Production Defects And Design Defects

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0013
Subject:
Law, Law of Obligations

There are generally few difficulties in applying the consumer expectation test of s 3(1) of the 1987 Act to manufacturing or production defects. Thus it can be said that: ‘persons generally are ... More


Introduction And Modern Historical Outline

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0001
Subject:
Law, Law of Obligations

The expression ‘product liability’ is usually understood to refer to the civil liability of manufacturers and others where damage or loss is caused by products which fail to meet the standards ... More


Privity of Contract

Duncan Fairgrieve and Richard Goldberg

in Product Liability

Published in print:
2020
Published Online:
March 2021
ISBN:
9780199679232
eISBN:
9780191932885
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199679232.003.0003
Subject:
Law, Law of Obligations

The first part of this book covers the liability of a seller of goods for misrepresentations and for breaches of the express and implied terms of a contract of sale. Reference is also made to ... More


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