Chapter 10 Self-test questions

. The Consumer Protection Act 1987 has replaced the common law tort of negligence in the field of product liability.

True

False

. In common law negligence, which of the following is least likely to be a defendant in a product liability action?

A drug manufacturer.

An automobile repairer.

The owner of a small corner shop.

The distributor of a chemical dye.

. Which of the following cases does not concern the issue of intermediate examination under the common law?

Grant v Australian Knitting Mills

Barnett v H and J Packer & Co

Griffiths v Arch Engineering Co

Evans v Triplex Safety Glass Co

. It is not necessary that the claimant actually be the consumer of the product in order to be able to sue in common law negligence.

True

False

. Which of the following would be treated as a design defect rather than a manufacturing defect for the purposes of product liability?

An article of clothing which contains a dangerous level of a harmful chemical.

A microwave with incorrect wiring.

A car which has defective steering.

A drug which has unanticipated side effects.

. Which of the following is not primarily liable under the Consumer Protection Act 1987 Part 1?

Supplier.

Own brander.

Producer.

Importer.

. In determining whether or not a product is defective, courts are required to consider all but which one of the following?

The way in which the product was marketed and packaged.

What might reasonably be expected to be done with the product.

Any warnings given in relation to the product.

Whether the producer knew the identity of the consumer of the product.

. Which of the statements below best describes the decision in Abouzaid v Mothercare (UK)?

The lack of warning and the difficulty of attaching the strap meant that the product was defective according to the CPA's 'public expectation' test.

The product was not defective according to the 'public expectation' test but liability would be imposed in common law negligence.

The defendant manufacturers were not liable under either the CPA or the common law due to the fact that the accident had been caused by the claimant's own lack of care.

. Damage to which of the following is not recoverable under the Consumer Protection Act 1987?

Property totalling more than £275.

Property of a type ordinarily intended for private use.

Property totalling less than £275

Personal injury to someone not using the product

. Which is the most controversial defence under the Consumer Protection Act 1987?

Section 4(1)(e) 'development risks'.

Section 4(1)(b) 'the product was not supplied'.

Section 4(1)(c) 'the product was not supplied in the course of a business'.

Section 4(1)(d) 'the defect did not exist in the product at the time it was supplied'.

. In which of the following situations would the common law be a preferable option (instead of the CPA) for the claimant?

When the product in question was supplied less than ten years ago.

When the product in question is primary agricultural produce.

When the product in question is a component of a larger product.

When the product in question was supplied more than 10 years ago.

. Which of the following statements is most accurate concerning the Consumer Protection Act 1987?

The CPA has created a unitary strict liability regime for product liability.

The CPA has introduced a strict liability element into a product liability regime which still includes common law negligence.

The CPA has proved to be a disappointing and little-used piece of legislation.

The CPA reflects a current lack of consistency between European product liability regimes and that of the UK.

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