摘要
The Consumer Protection Act 1987 implements the EU Product Liability Directive (85/374/EEC) into English law. Part I establishes strict liability for damage caused by defective products — claimants need not prove negligence. Part II creates criminal offences for supplying unsafe consumer goods. Part III addresses misleading price indications.
要点
- Strict liability for defective products — no need to prove negligence (s.2)
- 'Defect' means safety is not such as persons generally are entitled to expect (s.3)
- Liability falls on producers, importers, and own-branders (s.2(2))
- Development risks defence — state of scientific knowledge (s.4(1)(e))
- Criminal offence to supply unsafe consumer goods (Part II)
- Misleading price indications prohibited (Part III)
- 10-year longstop from when product was supplied (Limitation Act 1980, s.11A)