PRODUCT LIABILITY Update & Review David Turner QC PRODUCT - PDF document

Mar 24, 2024 •212 likes •264 views

PRODUCT LIABILITY Update & Review David Turner QC PRODUCT LIABILITY Update: Fitness for purpose: Kingspan v. Borealis Statutory implication of warranties / Causation: Trebor Bassett v. ADT Review: Efficacy Exclusions

PRODUCT LIABILITY Update & Review David Turner QC PRODUCT LIABILITY � Update: � Fitness for purpose: Kingspan v. Borealis � Statutory implication of warranties / Causation: Trebor Bassett v. ADT � Review: � Efficacy Exclusions � Contamination cases
Kingspan v. Borealis � The facts � Issues: � Incorporation of terms � Fitness for purpose � Exclusion clauses Trebor Bassett v. ADT � The facts � Issues on Appeal: � Specification � Express term � Implied terms: s.4 SGSA ‘82 � Causation
Trebor Bassett v. ADT: COA Decision � Did the “system” = “goods”? � The Specification � Causation: � Schering v. Resibel Efficacy Exclusions � Background � Wyeth v. Cigna � Reilly v. NIG � Selected Seeds v. QBEMM
Contamination Cases � Position at common law: Bacardi-Martini v. THP � Policy Response

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