Question
Identify who (if anyone) could be liable in the following situations under Part I of the Consumer Protection Act 1987. Explain the reasoning behind your
Identify who (if anyone) could be liable in the following situations under Part I of the Consumer
Protection Act 1987. Explain the reasoning behind your answer with appropriate legal authority.
1. BE Systems have been contracted to create a new stealth aircraft for use by the British Air Force.
The aircraft is being tested at a BE test facility, but due to a defective component, the test pilot,
John, is killed.
2. Better Heating Ltd have supplied a number of heaters to Multisoft's offices in London. One of the
heaters is defective and explodes, damaging the premises. Fortunately, the office was empty at the
time, so no one was injured
3. High-definition plasma screen TVs are manufactured by an Asian firm called HD Screens Ltd. They
provide these screens to TeleSell who than add their logo to the TV and sell them on to consumers.
The TVs are defective and are prone to electrocuting those who touch the metal casing. After
purchasing one these TVs, Ceri is injured. Can Ceri sue TeleSell? Would your answer differ if the
TVs had a large sticker on the back of the TVs indicating that the TVs were actually manufactured by
HD Screens Ltd?
4. CompuPro Ltd supplies a defective batch of computer micro-processors to Laptop Ltd. The
processors overheat very easily and pose a fire risk. Laptop Ltd incorporates the processors into
their laptop PCs and sell them to the public. Mr. Smith purchased a laptop and left it on overnight to
download some large files. In the morning, he awoke to find the laptop had overheated and caught
fire, damaging the antique oak desk it was placed upon.
5. Andrew buys a car from his local car dealer. The brakes are defective and, as a result, he crashes
and injures himself. The car is a write-off. Advise Andrew. Would your answer be different if the
defective brakes were added at the car's first service?
6. GKS Ltd develop an inoculation to the common cold. Injections of this new medicine are used
widespread and the disease is all but wiped out. However, 4 years later, a number of young
children start exhibiting a loss of motor control and deteriorating co-ordination. It is discovered
that, in a small number of cases, the inoculation can affect a foetus' development and lead to latent
neurological conditions at a later date. Joanne, who received the inoculation, whilst pregnant, 4
years ago, has a young boy who is beginning to exhibit the above symptoms.
Discuss the following:
1.In February, The London Chronicle publishes a story, claiming that Ceri, a member of Parliament, has
been taking bribes from a number of prominent businessmen. In return, she has been using her
influence to help the businesses these businessmen work for. The accusations are untrue. Shortly
after the story is published, Ceri initiates an action for libel in the High Court against the
newspaper's publisher. In May, Ceri is killed in a car accident. Ross, Ceri's husband, wishes to
continue the claim. Advise Ross.
2. The board of Microtech plc is about to launch a takeover bid for NanoCorp plc. The bid is being
handled by Baker & Chance LLP (a firm of solicitors) and Cooper & Young (a firm of accountants).
Both firms work closely together to prepare the bid documentation, but the documentation is
negligently drafted and omits key information. As a result, the bid cannot go ahead as planned, and
has to be delayed. As a result of this delay, NanoCorp is taken over by another party. Advise
Microtech regarding whom proceedings could be initiated against.
3. Mike in killed in a car crash due to the negligent driving of Lucas. Advise Mike's wife, Anna, as to
legal courses of action she could take.
The Daily Moon publishes a story, accusing ShopMart of selling goods manufactured in sweatshops.
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