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11 Cards in this Set
- Front
- Back
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Negligence: Who owes duty? |
Duty owed by:
1. Manufacturers (Donoghue v Stevenson)
2. Repairers (Power v Bedford Motor Company)
3. Retailers (Duffy v Rooney and Dunnes Stores)
4. Installers (Brown v Cotterill)
5. Suppliers (Keegan v Owens) |
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Negligence: Who is the duty owed to? |
The ultimate consumer, not just the purchaser. Power v Bedford Motor Company |
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Negligence: Can the manufacturer rely on their supplier being negligent if a core component is defective? |
Depends on how reasonable their reliance on the supplier's good name is. Fleming v Henry Denning & Sons |
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Negligence: Non-dangerous defects. |
Was acceptable in Ireland from Ward v McMaster, but the recent case of Glencar Explorations plc has thrown this into doubt, and recovery is in a confusing state. |
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Liability for Defective Products Act 1991 |
Doesn't replace common law, provides a different avenue for seeking remedy.
Remedy for those injured by defective products in non-commercial capacity.
Strict liability applies, only need to prove causation. |
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Act: Product |
Movables, including those inside immovables. Eg a house collapsing won't cause liability, but if it's due to defective bricks...
Only applies to products put into circulation after 1991.
Primary agricultural products produced before 2000 not included. |
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Act: Producer |
1. Manufacturers/Producers of product/parts
2. Importers of product into the EU
3. Those holding themselves out as product's producers
4. Pre-2000 ag products, those who did initial processing.
If the producer can't be identified, retailer is treated as producer unless they let plaintiff know who supplied it. |
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Act: Defective |
Fails to provide safety reasonably expected. Regards to:
1. Presentation of product
2. Use it could reasonably expected to be put. Unreasonable use may not absolve liability but may find contributory negligence.
3. Time it was put into circulation. Standards when it was issued, and also how long it could reasonably be expected to last. |
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Act: Damage |
1. Death or personal injury
2. Loss of/ Damage to/ Destruction of any item or property
(Provided property is intended for private use and was used by injured person for her private use)
Personal injury covers and disease or impairment to physical or mental condition. |
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Act: Limitations |
Damage: Must exceed £350. Amount in excess of minimum is recoverable.
Time: 3 years from date of cause of action/ date plaintiff became aware/should reasonably have become aware of damage, defect, identity of producer. All rights of action expire 10 years after product was put into circulation
Who: Any person who suffered injury
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Act: Defences |
1. They didn't put the product into circulation. 2. Defect didn't exist when it was put into circulation. 3. Not manufactured by her for sale or distribution. 4. Due to compliance with EC standard. 5. Scientific knowledge at the time not such to enable knowledge of the defect. |
