Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Daniel, a 1-year old child, was injured after consuming dishwasher fluid from a bottle he was playing with. Daniel's mother has not left the bottle

Daniel, a 1-year old child, was injured after consuming dishwasher fluid from a bottle he was playing with. Daniel's mother has not left the bottle open but had left the child to play in the kitchen for over half an hour unattended. The bottle had a child-resistant cap, which was more difficult to open than an ordinary screw-top bottle. The bottle complied with the standards of the non-EU country of origin but did not comply with the British Standard torque measure.

Which of the following appropriately describes what follows from this? Choose the correct answer, and explain how you have arrived at your designated correct answer including why you have dismissed the other options.

(a) The product's failure to comply with the British Standard torque measure means the product would be defective under the Consumer Protection Act 1987.

(b) The product's safety was such as persons generally are entitled to expect meaning the product would not be defective under the Consumer protection Act 1987.

(c) The manufacturer could counter any claim under the Consumer Protection Act 1987 with the defence that the defect was caused by complying with relevant safety legislation.

(d) The claim here is by Daniel against his mother for failing in her duty to ensure his safety under the Occupier's Liability Act 1957.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Elliott And Quinns Contract Law

Authors: Frances Quinn

12th Edition

1292251409, 978-1292251400

More Books

Students also viewed these Law questions

Question

120) Define Payroll Source Documents

Answered: 1 week ago