Defective Products Act The EU Products Liability Directive and the implementing Act seek to establish liability on the part of producers for defective products, without proof of fault. The Defective Products Act gives effect to the Directive. As a matter of European Union law, the Directive takes precedence as far as its mandatory provisions are […]
Trespass Trespass to goods is the deliberate interference with goods in the possession of another. The interference must be direct in accordance with the general requirements for trespass, which also apply in the case of battery, assault and trespass on land. It is usually enough to touch the property. Moving, damaging and using property constitutes […]
Liability in Negligence I Originally, compensation was only available for defective products on the basis of a breach of contract. This meant that the claimant must have been the purchaser of the product and it must have been a term of the contract that it would not be defective. This would have been an implied […]