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Essay / Research Paper Abstract
This 5 page paper examines strict liability under consumer law with specific reference to the cases of Wings Ltd v Ellis (1984), and Alec Norman Garages Ltd v Philips [1984]. Looking at the implication of these cases and the subsequent interpretations of he concept of strict liability. The bibliography cites 5 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TEstrict.rtf
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Unformatted sample text from the term paper:
reference to many cases. The term strict liability can be applied to cases where there is a tort committed with the performance or the omission of an act (Elliott and
Quinn, 2001). Unlike other torts there is no need to prove a particular state of mind, this is seen in the cases of Wings Ltd v Ellis (1984), and Alec
Norman Garages Ltd v Philips [1984] RTR 164. However to discuss strict liability in terms of these cases the concept requires further consideration. The case that needs to be
cited is that of Rylands v Fletcher (1868) LR 1 Ex 265, this was a case where in theory the land owner did not actually do anything wrong (Card et
al, 1998). This is a tool by which blame can be attributed even if there is not negligence in the usual definition. The case here concerned the building of
a reservoir, the lad where it was to be built had some mineshafts that connected to a working mine owned by a third party. The land owner was not aware
of the shafts, but when they were filled with water and flooded the mine he was held liable for that folding as it originated from his land (Card et al,
1998) In consumer law this means that were a product causes harm then there does not need to be any proof of malice, however the cause does have to
be proven and the liability, although strict, is not absolute (Elliott and Quinn, 2001). Strict liability includes the breaching of a statutory duty, this is where an individual does something
they should not, or does not do something they should do, then this will be the establishment of the liability. However, in the cases above the Consumer Protection Act 1987
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