Introduction

Part 4 looks at the tortious liability of traders and the rights of users in respect of product-related injuries. The law of tort is, of course, a far wider topic than liability for faulty products, encompassing negligence, trespass and defamation, amongst other areas. However, the parameters of tort as discussed here are limited to tortious liabilities and actions arising from the production of faulty products.

Part 4 is divided into two chapters, the first looking briefly at the law of negligence before moving on to consider the move towards strict product liability, initially in the United States and, since the 1970s, in Europe. This movement in Europe stemmed from three different sources: the United Kingdom, the Strasbourg Convention and, finally, the EC Directive which overtook both of the other two. The second chapter looks expressly at the regime of strict product liability under Part I of the Consumer Protection Act 1987, which gave effect to the EC Directive in the United Kingdom.