Product liability—causes of action
Published by a LexisNexis PI & Clinical Negligence expert
Practice notesProduct liability—causes of action
Published by a LexisNexis PI & Clinical Negligence expert
Practice notes
| Breach of a contract entered into before 1 October 2015 | Breach of a contract entered into on or after 1 October 2015 | Negligence | Consumer Protection Act 1987 | |
| Relevant legislation | All contracts entered into prior to 1 October 2015 (whether in a business or consumer context):—Sale of goods Act 1979 (SGA 1979)—Supply of goods and Services Act 1982 (SGSA 1982) | Consumer contracts entered into from 1 October 2015:—Consumer Rights Act 2015 (CRA 2015) | Not applicable | Consumer Protection Act 1987 |
| Who can bring a claim | —Parties to the contract (purchaser/consumer)—Third parties specifically referred to in the contract (Contracts (Rights of Third Parties) Act 1999) | Parties to the contract (purchaser/consumer)—Third parties specifically referred to in the contract (Contracts (Rights of Third Parties) Act 1999) | Users of a product or any person provided that the defendant owed them a duty of care eg bystanders struck by a defective product | Person who suffered damage |
| Potential defendants | —Parties to the contract (retailer) | —Parties to the contract (retailer) | Includes but is not limited to:—manufacturer—repairer—assemblers and erectors—installer—importers |
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Negligence definition
What does Negligence mean?
Negligence is 'the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate human affairs, would do, or doing something which a prudent and reasonable man would not do' (Blythe v Birmingham Waterworks (1856) 11 Exch 781, at p 784). It is accepted that the test for breach of duty is objective, in the sense that the individual character and mental and physical features of the particular defendant are usually irrelevant.
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