• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Consumers and the Law

Extracts from this document...

Introduction

Law 2050: Consumers and the Law Part A The Court of Appeal, in Abouzaid v. Mothercare (UK) Ltd [2000], ruled on the terms of the Consumer Protection Act, Part I, which introduced strict product liability into UK law in 1987. Going against the trend of judgments in lower courts, the Court of Appeal found that although the product supplier was not negligent, the claimant was entitled to damages under the Act. Critically assess those aspects within the continuing development of consumer protection which have made it unnecessary for a consumer to prove negligence when making a claim against a producer for unsafe products. The case Abouzaid v. Mothercare (UK) Ltd [2000] is an interesting case for proving the high standards of care needed by manufacturers to ensure that no kind of defect or damage is passed on to the consumer. The product known as a Cosytoes is a fleece-lined sleeping bag that can be utilised for young children. When the respondent was attaching the buckles together, when the elastic straps slipped from his grasp, resulting in the buckle hitting the respondent in the left eye. ...read more.

Middle

The designing of the product itself was very defective as it created a risk for the user and the user did not have any kind of precaution to reposition him in order to change his or her position. The safety of the product was in question as it was far below the standard of what the public was entitled to expect. Here the risk arose in that the design of the product itself was such that there was an element to cause vulnerable damage to the eye resulting in serious consequences. If there was damage instead to the hand it would not have constituted risk of the public. However, this kind of defect was enough for the court to consider negligence on the part of the manufacturer. It was not needed for the court to go further and identify what had actually had to be done by the manufacturer. Besides, it was clear that the company could have done many other things including placing a non-elasticised mean of fastening the seat belts (Pill, 2000). There was a potential defence available to the appellants (Mothercare Co Ltd) ...read more.

Conclusion

Strict liability is a legal doctrine that would hold certain people liable for their actions even though they may not be at fault. usually it would be applicable in case people are engaged in certain high-risk tasks, such as setting up an industry using dangerous chemicals, blasting activities, using wild animals, etc, or any activity that holds the public at risk. Here even if the company performing such activities takes appropriate precaution despite which the accident arose, the company would be held liable. In such a circumstance, negligence cannot be proven; as there are certain standards of care defined which have to be missed by the manufacturer. All that needs to be proven in the case of strict liability is that the product should be defective. Hence, it is a much higher standard than mere negligence, and often manufacturers have to use a number of tests to identify ways and means by which people will use the product and accordingly design the product (Free Advice, 2011). In other cases, the presence of scientific and technical knowledge had the capabilities of throwing greater light on the abilities of the product and the presence of any defect. However, this was not the situation in this case. This was because there was a defect evident even though scientific and technical knowledge was not present. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Commercial Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Commercial Law essays

  1. Company Law, s.33 CA '06

    This was set out by Astbury J in Hickman v Kent 18 in which he states that: ...no right merely purporting to be given by an article to a person, whether a member or not, in a capacity other than that of a member, as, for instance, as a solicitor, promoter, director, can be enforced against the company.

  2. Limited liability

    Immorality A related problem is the immorality, which limited liability may create in the commercial life and which in the long term can be significantly damaging. Hall argues that "liability limitations artificially distance individuals from the acknowledged personal responsibility"26.

  1. To what extent is the rule contained in the Salomon v. Salomon & Co. ...

    company that carried on the business had no control whatever over the owners of the land. The owners being Woolfson and a company in which he held two-thirds of the shares. The courts by lifting the corporate veil as Stephen Griffin points out "fuses the subsidiary into the holding company, it does not recognise the separate identities of both companies"(13)

  2. Both the common law and statute make it too easy for buyers to reject ...

    This is not the effect of any statute, but is part of the common law relating to the breach of a term of a contract. The clauses of common law treat a breach of a term in a contract which is sufficiently important to be treated as a repudiation of the contract.

  1. The academic debate concerning on the directors duties is one of the oldest issues ...

    in Foss v Harbottle" amongst these is the 'derivative action', which allows a minority shareholder to bring a claim on behalf of the company. Now in order to evaluate whether or not the situation of minority shareholders has been improved by the enactment of the Companies Act 2006, it is

  2. the resurgence of transnational commercial law

    The Role of Merchants in comprising transnational commercial law For the sake of comprehensive understanding of the transnational commercial law, it is vital to recognize that the purpose of commercial law, in general, was to meet merchants legitimate and practices requirements.

  1. Company Law

    company should defray such expenses incurred in its establishment as the directors should consider might be deemed and treated as preliminary expenses to an amount not exceeding 2000l. The plaintiffs, who were promoters of the company, had incurred preliminary expenses in its establishment, but it was held that no action

  2. Commercial Law Coursework

    and (b), as a reasonably diligent person having both "the general knowledge, skill and experience that may reasonably be expected of a person carrying out the same functions as are carried out by a director in relation to the company" and with view to the "general knowledge, skill and experience that the director has".

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work