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Product Liability$
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Fairgrieve Duncan and Richard Goldberg

Print publication date: 2020

Print ISBN-13: 9780199679232

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780199679232.001.0001

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Products Within The Strict Liability Regime

Products Within The Strict Liability Regime

(p.254) (p.255) 9 Products Within The Strict Liability Regime
Product Liability

Duncan Fairgrieve

Richard Goldberg

Oxford University Press

Before liability is incurred under the Consumer Protection Act 1987, a product containing a defect must cause damage. Section 1(2) of the Act provides a definition of ‘product’. It states that ‘product’ means ‘any goods or electricity and … includes a product which is comprised in another product, whether by virtue of being a component part or raw material or otherwise’. Notwithstanding the short title of the Act, the definition of product is sufficiently broad to have a wider application than merely to consumer goods. For example, disasters resulting from chemicals or aircraft could be litigated under the Act, as could asbestos and other toxic substances which have given rise to much litigation in the United States.

Keywords:    United States, Aeronautical charts, BSE crisis, Cigarettes, Computer software, Consumer Protection Act 1987, Craft products, EFPIA, Germany, Internet website materials, Law Commission, Medicinal products, Music recordings, Norway, Nuclear installations, Pearson Commission, Product Liability Directive, Second-hand products

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