SUBMITTED BY: PRATIGYA BARAL SUBMITTED TO: MAXWELL-COLE, ALEXANDER
ID NO: 854164 DATE: 07/01/2013
Table of content
1.1 introduction……………………………………………………………………………………………………3
1.2 Who can Sue..............................................................................................3
1.3 Who can be sued.........................................................................................4
1.4 Consumer Protection Act and Common Law of negligence……………………………………..4
2.1 Nature of Liability in Negligence…………………………………………………………………………………5
Should liability be Strict?
2.2 What difference does the Consumer protection Act 1987 really make………………………...6
2.3 type of the Damage to which strict Liability applies……………………………………………………………6
3.1 Vicarious Liability (Adrian V James)………………………………………………………………………………………7
3.2 Vicarious liability in different Situations………………………………………………………………………………8
3.3 Defences of Volenti………………………………………………………………………………………………………………8
3.4 Employers Indemnify……………………………………………………………………………………………………………..9
4.1 Bibliography……………………………………………………………………………………………………………………………..10
4.2 Table of Cases………………………………………………………………………………………………………………………….11
1.1 Introduction
This task mainly relates with defective products, consumer protection act and who is liable under the act. To analyse the situation first , it is important to know what defective goods are, where does the claim lies and to decide actual situation it is important to know who brought the product and what are type of damages caused by it . Defective product can be defined as the product which is unreasonably dangerous to persons or to their property.
In the case of Frida and Benny, Frida brought a drill for his husband Benny for his birthday. Shopkeeper...