Liability for defective products: a comparison between Part V and Part X of the Consumer Protection Act 1999

From decomposed snail in the bottle of ginger bear (Donoghue v Stevenson) to a recent melamine crisis, the problem of defective goods continues to haunt consumers despite the existence of law dealing with liability for products. In fact product liability or liability for defective products which con...

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Main Author: Amin, Naemah
Format: Article
Language:English
Published: Ministry of Domestic Trade, Co-operatives and Consumerism 2011
Subjects:
Online Access:http://irep.iium.edu.my/5660/
http://irep.iium.edu.my/5660/
http://irep.iium.edu.my/5660/1/Malaysian_Consumer_Law_Journal_2011_vol_1%2C_issn22318747.pdf
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spelling iium-56602011-12-01T01:20:58Z http://irep.iium.edu.my/5660/ Liability for defective products: a comparison between Part V and Part X of the Consumer Protection Act 1999 Amin, Naemah K Law (General) KPG Malaysia From decomposed snail in the bottle of ginger bear (Donoghue v Stevenson) to a recent melamine crisis, the problem of defective goods continues to haunt consumers despite the existence of law dealing with liability for products. In fact product liability or liability for defective products which concerns with civil liability of those involved in the production and distribution of defective products may be considered as one of the most established areas of consumer protection. It provides a wide range of available grounds for consumers to pursue claims for injury caused by a defect in the product. Following the legal development in more developed countries, Part X of the Consumer Protection Act 1999 (the CPA) has adopted the regime of strict product liability. At the same time the CPA has improved the law on supply of goods. Part V of the Act introduced a new concept of implied guarantees, especially a guarantee as to acceptable quality which is very relevant to product liability. The question then arises as to whether there is any significant difference between Part V and Part X in relation to liability for defective products. This article aims to compare the protection afforded to consumers of defective products under the two regimes; contractual liability and strict product liability. The article particularly highlights the overlaps between the liability for quality standard and the liability based on defectiveness in product liability law. Ministry of Domestic Trade, Co-operatives and Consumerism 2011 Article PeerReviewed application/pdf en http://irep.iium.edu.my/5660/1/Malaysian_Consumer_Law_Journal_2011_vol_1%2C_issn22318747.pdf Amin, Naemah (2011) Liability for defective products: a comparison between Part V and Part X of the Consumer Protection Act 1999. Malaysian Consumer Law Journal, 1. pp. 159-174. ISSN 2231-8747 http://www.kpdnkk.gov.my/web/guest/home
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
KPG Malaysia
spellingShingle K Law (General)
KPG Malaysia
Amin, Naemah
Liability for defective products: a comparison between Part V and Part X of the Consumer Protection Act 1999
description From decomposed snail in the bottle of ginger bear (Donoghue v Stevenson) to a recent melamine crisis, the problem of defective goods continues to haunt consumers despite the existence of law dealing with liability for products. In fact product liability or liability for defective products which concerns with civil liability of those involved in the production and distribution of defective products may be considered as one of the most established areas of consumer protection. It provides a wide range of available grounds for consumers to pursue claims for injury caused by a defect in the product. Following the legal development in more developed countries, Part X of the Consumer Protection Act 1999 (the CPA) has adopted the regime of strict product liability. At the same time the CPA has improved the law on supply of goods. Part V of the Act introduced a new concept of implied guarantees, especially a guarantee as to acceptable quality which is very relevant to product liability. The question then arises as to whether there is any significant difference between Part V and Part X in relation to liability for defective products. This article aims to compare the protection afforded to consumers of defective products under the two regimes; contractual liability and strict product liability. The article particularly highlights the overlaps between the liability for quality standard and the liability based on defectiveness in product liability law.
format Article
author Amin, Naemah
author_facet Amin, Naemah
author_sort Amin, Naemah
title Liability for defective products: a comparison between Part V and Part X of the Consumer Protection Act 1999
title_short Liability for defective products: a comparison between Part V and Part X of the Consumer Protection Act 1999
title_full Liability for defective products: a comparison between Part V and Part X of the Consumer Protection Act 1999
title_fullStr Liability for defective products: a comparison between Part V and Part X of the Consumer Protection Act 1999
title_full_unstemmed Liability for defective products: a comparison between Part V and Part X of the Consumer Protection Act 1999
title_sort liability for defective products: a comparison between part v and part x of the consumer protection act 1999
publisher Ministry of Domestic Trade, Co-operatives and Consumerism
publishDate 2011
url http://irep.iium.edu.my/5660/
http://irep.iium.edu.my/5660/
http://irep.iium.edu.my/5660/1/Malaysian_Consumer_Law_Journal_2011_vol_1%2C_issn22318747.pdf
first_indexed 2023-09-18T20:14:22Z
last_indexed 2023-09-18T20:14:22Z
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