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Consumer protection - This case will require looking at each grievance individually and applying the law as best as possible to each part.

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  • Essay length: 1976 words
  • Submitted: 22/12/2003
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University Degree Contract Law

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Dealing with this case will require looking at each grievance individually and applying the law as best as possible to each part. Firstly it must be established who the rights are for. It can be said the Avril purchased the camera with a view to giving it to Alan. Until recently that second category of person (the person receiving the gift), would have had a difficult time recovering compensation because they would have had no rights under the contract of sale and they would have had to prove that the manufacturer was negligent before they could get any compensation. This has now changed due to the passing of the Consumer Protection Act of 1987, which makes manufacturers strictly liable for defects in their products. In Donoghue v Stevenson [1932] AC 562, a bottle of ginger beer was bought for another person. This bottle was found to contain a decomposed snail, which in turn made the person very ill. Lord Aktin stated that a manufacturer of product owes a duty to the ultimate consumer to take reasonable care in the preparation of the product to avoid causing foreseeable harm, therefore the House of Lords held that the manufacturer of the

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