One step forward and two steps back in product liability: the search for clarity in the identification of defects
One step forward and two steps back in product liability: the search for clarity in the identification of defects
PRODUCT liability law has struggled to develop a test for identifying when products are defective under the Consumer Protection Act 1987 (“CPA”). In Wilkes v Depuy International Ltd. [2016] EWHC 3096 (QB), Hickinbottom J. offered the most prolonged reflection on product defect since A v National Blood Authority [2001] EWHC 446 (QB), and rejected much of the framework of NBA. However, Wilkes provides little guidance regarding when products should be identified as being defective, reinforcing the need for a more deeply grounded approach.
233-236
Eisler, Jacob
a290dee3-c42f-4ede-af9a-5ede55d0135a
July 2017
Eisler, Jacob
a290dee3-c42f-4ede-af9a-5ede55d0135a
Eisler, Jacob
(2017)
One step forward and two steps back in product liability: the search for clarity in the identification of defects.
Cambridge Law Journal, 76 (02), .
(doi:10.1017/S0008197317000472).
Abstract
PRODUCT liability law has struggled to develop a test for identifying when products are defective under the Consumer Protection Act 1987 (“CPA”). In Wilkes v Depuy International Ltd. [2016] EWHC 3096 (QB), Hickinbottom J. offered the most prolonged reflection on product defect since A v National Blood Authority [2001] EWHC 446 (QB), and rejected much of the framework of NBA. However, Wilkes provides little guidance regarding when products should be identified as being defective, reinforcing the need for a more deeply grounded approach.
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Accepted/In Press date: 3 April 2017
e-pub ahead of print date: 12 July 2017
Published date: July 2017
Additional Information:
University of Cambridge Faculty of Law Research Paper No. 32/2017
Identifiers
Local EPrints ID: 423440
URI: http://eprints.soton.ac.uk/id/eprint/423440
ISSN: 0008-1973
PURE UUID: 3c091ee6-cc31-4fe1-a670-5c50fc2250e6
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Date deposited: 24 Sep 2018 16:30
Last modified: 15 Mar 2024 21:47
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