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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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The Types of Damage or Loss compensated

The Types of Damage or Loss compensated

(p.620) (p.621) 16 The Types of Damage or Loss compensated
Product Liability

Duncan Fairgrieve

Richard Goldberg

Oxford University Press

There may be major difficulties in determining the types of damage or loss which will be compensated in product liability litigation and this is so whether the claim is based on the strict liability provisions of Pt 1 of the Consumer Protection Act 1987 or the general law of negligence. In some cases it will be clear that the 1987 Act is inapplicable and hence that the standard requirements of the law of negligence must be met or the existence of a contractual claim established. For example, the defendant may not be a person who is potentially subject to liability under s 2 of the Act or the damage may be of a type which the Act does not compensate. Alternatively, a claim under the Act may be barred by virtue of the expiry of a limitation period or, and this is increasingly less likely with the passage of time, because the relevant product was supplied before the Act came into force on 1 March 1988.

Keywords:   Canada, Congenital disabilities, Consumer Protection Act 1987, Hedley Byrne, Pre-natal injuries, Product Liability Directive definition, Product Liability Directive, Psychological injury, Pure economic loss, Thalidomide case, Trade descriptions, United States

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