Chapter 18 Self-test questions

. Which of the following statements is correct?

Product liability involves issues where there is damage to goods or personal injury and not where there is simply a breach of contract.

The neighbour principle is confined to product liability cases.

The case of Donoghue v Stevenson involved a claim by the injured party for breach of contract and in tort.

The House of Lords unanimously held the manufacturer liable in tort in Donoghue v Stevenson.

. Which of the following statements is correct?

At common law a person who has no part in the manufacture of a product cannot be liable in tort for damage or injury that it may cause.

At common law the distributer of a product is liable to a person who suffers loss or damage unless he gives warnings of dangers and careful instructions how the product is to be used.

At common law a manufacturer is only liable for damage caused by foodstuffs and other products which are consumed like pharmaceuticals.

At common law a manufacturer is only liable for loss or injury caused to a person who uses the product.

None of the options given are correct.

. Which of the following statements are correct? Please select all that apply

It is clear that at common law there is no liability for a product which the claimant had the opportunity of examining if the defect would have been likely to have been apparent during the examination.

At common law, a person may be able to discharge their duty of care in relation to product liability by providing suitable warnings and instructions for use.

At common law,failure to provide suitable warnings and instructions for use of a product may provide evidence of a breach of the duty of care.

At common law, the burden of proving a breach of the duty of care is on the claimant.

. The requirement in North America that a manufacturer of pharmaceuticals must disclose any known side effects to a patient's doctor is called the ___ ___ rule.

. Which of the following statements are correct? Please select all that apply.

At common law, where the product is shown not to meet the manufacturer's specification, in practice the manufacturer will be liable unless he can show that the defect did not cause the loss.

At common law, proving that there has been no loss or injury associated with the products in the past may be taken as proving that since this product caused damage there must have been something wrong with it.

The manufacturer of a product manufactured exactly to specification will be liable for any personal injury or property damage it causes where it is known to have caused damage in the past.

Product liability does not extend to pure economic loss.

. The Consumer Protection Act 1987 imposes liability for defective products on producers, ___ ___, importers and sometimes suppliers.

. Which of the following statements are incorrect? Please select all that apply.

Under the Consumer Protection Act there can only ever be one manufacturer or producer of a product.

Under the Consumer Protection Act a defective product is one which causes damage to goods or injury to people.

For the purposes of the Consumer Protection Act, with some products the public is entitled to expect very high level of safety.

Instructions or warnings provided with a product cannot affect whether it is defective or not under the Consumer Protection Act.

. The Consumer Protection Act imposes ___ liability, that is to say non-fault liability but not absolute liability since the claimant must prove that the product was defective and there is a range of defences.

. Is the following statement true or false? A claimant under the Consumer Protection Act can recover for personal injury or loss or damage to property including the product itself but not for pure economic loss.

True

False

. Which of the following statements are incorrect? Please select all that apply.

A defendant under the Consumer Protection Act can only rely on the 'state of the art defence' if the existence of the defect in a product was not known by anyone when he put it into circulation.

Where it is known that a small percentage of products will be defective then a producer cannot take advantage of the state of the art defence under the Consumer Protection Act, even where scientific knowledge does not permit a producer to identify which products are defective.

The Consumer Protection Act does not apply to damage to business property.

Actions under the Consumer Protection Act must be brought within ten years of the date when the claimant became aware of the relevant facts.

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