BUS-294 Lecture Notes - Lecture 19: Mothercare, Consumer Protection Act 1987
20 Jun 2020
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There is a duty of care to consumer from a manufacturer. There is a statutory regime that imposes strict liability on manufacturers. Strict liability means manufacturers are held to a higher standard than reasonable care. There is a quasi strict liability for defective goods in contract. Sale of goods act (1979) goods must be fit for the use they are being sold for. However as in donoghue v stevenson it is not practical to sue in contract. There was an eu directive in 1985 for countries to put in place a strict liability regime. This would protect consumers and increase consumer confidence. Uk parliament implemented this in the consumer protection act 1987. You can claim for death, personal injury and damage to property. The damage must be caused by a defective production, defined section 12. Liability is strict - subject to a state of the art defence incorporated into the cpa. Blood authority (2001) defective blood was a product.
