Am I Right or Wrong?

Miss Mayhem · 03-01-2014 2:57am #1

Can anyone help me with my consumer law assignment please?

This is the question:
A number of years ago an electrical store began selling their "own brand" of microwave oven. These machines were manufactured in Germany by a separate company however they do bear the store's logo. Recently due to technological advancements in detection of harmful radiation it has been discovered that the use of these machines can lead to nausea and headaches. The management are concerned about their liability in this case and seek your advice.

I think the store is liable for the microwaves since they're an own brand product so the store would be considered a "processor" under the Liability for Detective Product Act. Am I right?

Thanks for your help.

Bepolite · 03-01-2014 8:32am

Answer to the above contained almost exclusively in the Liability for Defective Products Act.

What kind of sadistic bar-steward gives assignments over Xmas. :pac:

Are you a law student or doing law as part of another topic?

Miss Mayhem · 03-01-2014 7:12pm

I'm doing a business degree and I have to study 4 different aspects of law as part of the course.

I think the store would be liable because its an 'own brand' product. The store would be considered a "producer" under the Act.

A claim must be issued within three years of the date of injury, failing which any claim will be “statute barred”, or disallowed. If the injury happened more than three years ago, it may still be possible to bring a claim if the claimant only found out that the injury was caused by a defective product within the last three years.

The Act requires that any claims brought under this act are brought within 10 years from the date that the specific product was put into market circulation, after which time all rights under Liability for Defective Products Act are extinguished. If the 10 years expires before the expiry of the three year statutory limitation period, then the earlier date will apply.

If a claim is brought against the store, the defence the store can use is section 6(e) of the Act:
(e) that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered,

Is that answer correct?

drkpower · 03-01-2014 7:21pm

Sounds about right. But also consider whether the manufacturer is also liable as a producer and how u might advise your client if that is the case.

Santa Cruz · 03-01-2014 7:47pm

Have you considered any cross national liabilities under the various decisions on Directive 1999/44/EC ?

Miss Mayhem · 03-01-2014 9:50pm

No I haven't. We haven't covered that in class. I'll use that thanks! It might get me a few extra points

Am I Right or Wrong?

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