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Essay / Research Paper Abstract
The consumer protection act 1987(CPA) was introduced to implement EC directive 85/374/EEC in the expectation that it would make it easier for injured persons to bring claims against manufactures of defective products. This 14 page paper critically evaluates the effectiveness of the CPA in light of recent cases law in the area of product liability. To undertake this the position prior to the CPA is considered before the aims and the applications of the CPA is assessed. The bibliography cites 20 sources.
Page Count:
14 pages (~225 words per page)
File: TS14_TECPAliabilty.rtf
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Unformatted sample text from the term paper:
dealt with under the Sale of Goods Act which could be invoked when goods are of poor quality, when may not be as they are described or they may not
be fit for the purpose for which they were sold, which may mean a simple failure, but may also result in harm to the consumer. The statute left much to
be desired and damages for harm were then usually claimed under tort law. The position was complex and many cases found it difficult to achieve justice.
The Consumer Protection Act 1987 (CPA) was introduced to implement EC directive 85/374/EEC in the expectation that it would make it easier for injured persons to
bring claims against manufactures of defective products. However, in evaluating the effectiveness of the CPA in light of recent cases law in the area of product liability there is still
an unequal situation. If we are going to examine the way in which the CPA may have increased the ease with which
a case would be brought we need to understand the pre CPA situation and how the concept of strict liability was used against consumer products. Against this we can look
at the CPA and its aims and then look at the way this has materialised in terms of case law. Most cases
of injury of death cased by products would be dealt with under tort law and the idea of strict liability. 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
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