Date: Thu, 15 Apr 2004 14:24:49 +0100

From: Elspeth Reid

Subject: Products Liability

I think that the SA case in mind (in which the inadequacy of Aquilian liability was nevertheless conceded) was Wagener v Pharmacare Ltd: Cuttings v Pharmacare Ltd [2003] All SA 167 (SCA). Judgement is also on the Supreme Court website, dated March 2003.

Elspeth Reid
University of Edinburgh

-----Original Message-----
Sent: 15 April 2004 14:10
Subject: Re: ODG: 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

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