Product liability—causes of action
Product liability—causes of action

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Product liability—causes of action

Breach of a contract entered into before 1 October 2015Breach of a contract entered into on or after 1 October 2015NegligenceConsumer Protection Act 1987
Relevant legislationAll 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 applicableConsumer 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 productPerson 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 and distributors

<—retailer<

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