Tuesday, February 7, 2017

Trade Practices Act

Torts with more than one basis of liability can and in deed are often predicted on the previously considered basis of liability, namely negligence and strict liability. It is very important to ascertain which bases of liability is relied on since such determination will also govern the defense which may be asserted as well as the scope of liability (Raz 17). The manufacturer of a defective product, for example, or the retailer who sold it, may be held liable to the person injured by the product on a number of theories-some in contract and some in tort.

Product Liability

This section will give an overview of the elements of Product Liability Act and manufacturer’s responsibility to deliver only quality products. This will then be applied to the case between Bob, sister and Toyota. The Product Liability Act has got three aspects namely (GLG 1): a) Strict Liability b) Fault Based Liability In strict liability it holds that the producer is responsible for the damages resulting from his products. Faulty based liability enables the claimant to use the producer on non-contractual grounds.