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Date: Thu, 15 Apr 2004 14:10:00 +0100

From: Hector MacQueen

Subject: Products Liability

 

There was a South African case a couple of years ago which rejected the notion that there was strict product liability in tort at common law - South African common law in this area generally being a mixture of Roman-Dutch and English.

I can chase down the reference if required, but it can be found on the Supreme Court of Appeal website fairly easily

 

Hector

--
Hector L MacQueen
Professor of Private Law
Director, AHRB Research Centre Intellectual Property and Technology Law
Edinburgh Law School
University of Edinburgh
Edinburgh EH8 9YL
UK
Tel: (0)131-650-2060; Fax: (0)131-662-6317

Quoting Jason Neyers:

Dear Colleagues,

Does anyone know of a leading Commonwealth case (HL, SCC, CA, HCA, PC, etc.) that explicitly rejected the notion that liability for defective products should be strict or which states explicitly that strict liability is not the default common law position?

 

 


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