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ONE STEP FORWARD AND TWO STEPS BACK IN PRODUCT LIABILITY: THE SEARCH FOR CLARITY IN THE IDENTIFICATION OF DEFECTS

Published online by Cambridge University Press:  12 July 2017

Jacob Eisler
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Extract

PRODUCT liability law has struggled to develop a test for identifying when products are defective under the Consumer Protection Act 1987 (“CPA”). In Wilkes v Depuy International Ltd. [2016] EWHC 3096 (QB), Hickinbottom J. offered the most prolonged reflection on product defect since A v National Blood Authority [2001] EWHC 446 (QB), and rejected much of the framework of NBA. However, Wilkes provides little guidance regarding when products should be identified as being defective, reinforcing the need for a more deeply grounded approach.

Type
Case and Comment
Information
The Cambridge Law Journal , Volume 76 , Issue 2 , July 2017 , pp. 233 - 236
Copyright
Copyright © Cambridge Law Journal and Contributors 2017 

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