Product Liability in UK Law
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Murphy v Brentwood District Council
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There may be room for disputation as to whether the likelihood of intermediate examination and consequent actual discovery of the defect has the effect of negativing a duty of care or of breaking the chain of causation ( compare Farr v. Butters Brothers & Co. [1932] 2 K.B. 606 with Denny v. Supplies & Transport Co. Ltd. [1950] 2 K.B. 374).
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D & F Estates Ltd v Church Commissioners for England
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If the same principle applies in the field of real property to the liability of the builder of a permanent structure which is dangerously defective, that liability can only arise if the defect remains hidden until the defective structure causes personal injury or damage to property other than the structure itself.
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Merrell Dow Pharmaceuticals Inc. and Others v H.N. Norton & Company Ltd ; Merrell Dow Pharmaceuticals Inc. and Others v Penn Pharmaceuticals Ltd and Others
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For this purpose it does not matter how the product is made or what form it takes. The monopoly covers every method of manufacture and every form which comes within the description in the claim. So claim 24 includes the making of the acid metabolite in one's liver just as much as making it by synthetic process; in the body as well as in isolation. Nor does it matter whether or not the infringer knows that he is making, using etc. the patented product.
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Arrow Generics Ltd v Merck & Company Inc.
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In short, therefore, Arrow seeks a declaration that its own product was obvious at the priority date of the divisional applications. Such a declaration would give Arrow the security that dealing with its own alendronate product in this country will not give rise to any liability to Merck for infringement of any patent granted pursuant to the divisional applications or any further divisionals arising under them.
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Fairchild v Glenhaven Funeral Services Ltd and Others
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So the question of principle is this: in cases which exhibit the five features I have mentioned, which rule would be more in accordance with justice and the policy of common law and statute to protect employees against the risk of contracting asbestos-related diseases?
Sixthly, the principle applies where the other possible source of the claimant's injury is a similar wrongful act or omission of another person, but it can also apply where, as in McGhee, the other possible source of the injury is a similar, but lawful, act or omission of the same defendant. I reserve my opinion as to whether the principle applies where the other possible source of injury is a similar but lawful act or omission of someone else or a natural occurrence.
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Commissioners of Customs and Excise v Barclays Bank Plc
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The second is commonly known as the threefold test: whether loss to the claimant was a reasonably foreseeable consequence of what the defendant did or failed to do; whether the relationship between the parties was one of sufficient proximity; and whether in all the circumstances it is fair, just and reasonable to impose a duty of care on the defendant towards the claimant (what Kirby J in Perre v Apand Pty Ltd [1999] HCA 36, (1999) 198 CLR 180, para 259, succinctly labelled "policy").
- Product Liability (Amendment) Act (Northern Ireland) 2001
- Consumer Protection Act 1987 (Product Liability) (Modification) Order 2000
- The Consumer Protection Act 1987 (Product Liability) (Modification) Order 2000
- Consumer Protection Act 1987 (Product Liability) (Modification) (Scotland) Order 2001
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Rethinking Product Liability: A Missing Element in the European Commission's Third Review of the European Product Liability Directive
The paper uses the opportunity afforded by the European Commission's Third Report of the Product Liability Directive to assess the present state of product liability in Europe. It notes that despit...
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Liability and artificial intelligence in the EU: Assessing the adequacy of the current Product Liability Directive
The European Union selected achieving a leadership position in the AI sector as one of the priorities for the future of the bloc as a whole. Economic reasons are behind this decision, but they are ...
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COVID-19 Client Primer | UK Medical Device Product Liability
ANALYSIS - Product Liability Risks for Medical Devices in the UK - In order to fast-track the development, manufacture and supply of key medical equipment and devices vital in the fight again...
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Guest Post – Come Together: Is UK Product Liability Law Getting More Like the U.S.?
This guest post — only our second post ever on European issues — is brought to you by Reed Smith partner Marilyn Moberg and (in the UK) associate Bond, Kathryn Bond (sorry, couldn’t resist). Our p...