|
The Consumer Protection Act 1987 (1987 c. 43) is an Act of the Parliament of the United Kingdom that made important changes to the consumer law of the United Kingdom. Part 1 implemented European Community (EC) Directive 85/374/EEC, the product liability directive, by introducing a regime of strict liability for damage arising from defective products. Part 2 created government powers to regulate the safety of consumer products through Statutory Instruments. Part 3 defined a criminal offence of giving a misleading price indication. The Act was notable in that it was the first occasion that the UK government implemented an EC directive through an Act of Parliament rather than an order under the European Communities Act 1972.〔van Gerven ''et al.'' (2000) ''p.''666〕 ==Product liability== Section 2 imposes civil liability in tort for damage caused wholly or partly by a defect in a product. Liability falls on: *Producers; *Persons holding themselves out as producers, for example by selling private label products under their own brand ("own-branders"); and *Importers into the European Union (EU) for commercial sale. Liability is strict, and there is no need to demonstrate fault or negligence on behalf of the producer. Liability cannot be "written out" by an exclusion clause (s.7) Damage includes (s.5): *Death; *Personal injury; *Damage to property, including land, provided that: * *The property is of a type usually intended for private use; * *It is intended for private use by a person making a claim; and * *The value of the damage is more than £275; — but damage to the product itself is excluded, as are other forms of pure economic loss.〔Giliker & Beckwith (2004) 9-023〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Consumer Protection Act 1987」の詳細全文を読む スポンサード リンク
|