Goods

Defective Products Act The EU Products Liability Directive and the implementing Act seek to establish liability on the part of producers for defective products, without proof of fault. The Defective Products Act gives effect to the Directive. As a matter of European Union law, the Directive takes precedence as far as its mandatory provisions are concerned. The Directive is set out in the schedule to the Act. The Defective Products Act provides that liability for defective products is tortious in nature. This has the consequence that the tort rules of remoteness apply. These are less restrictive than the contractual rules. The imposition of liability in tort also invokes tortious principles of contributory negligence (joint and several tortfeasors etc.) Contractual clauses may not limit or exempt the liability of the producer. Notices or any other mechanism which seeks to avoid liability are deemed ineffective. Products A product includes all chattels other than primary agricultural products.… Read the rest

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Trespass Trespass to goods is the deliberate interference with goods in the possession of another. The interference must be direct in accordance with the general requirements for trespass, which also apply in the case of battery, assault and trespass on land. It is usually enough to touch the property. Moving, damaging and using property constitutes trespass. The goods must be in the possession of the other parties They need not be the owner as in the case of land. If a person withholds goods without authority, this may constitute that the tort of detinue. The person with the better title may take legal action to have the goods delivered to him. If a person holds goods for a limited purpose and acts as if he had rights in excess of those rights, then he may be liable in conversion. If a person breaks another person’s goods, he may be regarded as having converted them.… Read the rest

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Liability in Negligence I Originally, compensation was only available for defective products on the basis of a breach of contract. This meant that the claimant must have been the purchaser of the product and it must have been a term of the contract that it would not be defective. This would have been an implied term at common law and under the Sale of Goods act unless altered. A manufacturer of a product is potentially liable for loss and damage caused by a defective product. There are two separate bases of liability. Both may arise in the same legal proceedings. The first is based on principles of negligence. The other is based on EU wide legislation, designed to harmonise the basis of compensation for defective product liability throughout the EU. If a manufacturer produces goods that are sold in a form which does not allow the opportunity of prior inspection and examination to the ultimate user, it may be liable for injury and damage caused by its negligence.… Read the rest

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