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Dangerous Goods

A consumer who has been supplied with dangerous goods can make a claim against

  • the seller or supplier under the general law of contract relating to unsatisfactory goods, goods not fit for their purpose, or goods which turned out to be not as described; or
  • Against persons involved in the chain between the manufacturer and the seller or supplier of services.

A consumer who has suffered in consequence of being sold or supplied with dangerous goods may have have a claim against persons involved in the chain between the manufacturer and the seller or supplier of services. Such a claim may fall under:

1. the law of contract;

2. Consumer Protection Act 1987, Part 1

3. the law of negligence.

Each of the above three areas of law determine liability differently. So as a general rule of thumb – the consumer is in the strongest position when pursuing a claim for breach of contract, and if it is not possible to argue breach of contract (i.e., because there is no contractual relationship), then the consumer should look to the Consumer Protection Act 1987. If the Consumer Protection Act 1987 fails to provide any remedy or an inadequate remedy then as a last resort the law of negligence may be able to base a claim on negligence. Of course when seeking redress a shot-gun approach may be the most effective approach so arguing liability on all three areas of law for establishing liability.

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