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3 Cards in this Set
- Front
- Back
- 3rd side (hint)
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AGRICULTURAL PRODUCE OR GAME: now included!! |
The original definition of a product did not include agricultural produce or game, unless this had been subject to an industrial process. Since 2000, agricultural produce has been included within the definition of a 'product'! Directive 99/34 made these products applicable. Following the spread of Mad Cow Disease. |
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WHAT IS A 'DEFECT'?? |
S 3 - 'There is a defect in a product...if the safety of the product is not such as persons generally are entitled to expect'. This is an OBJECTIVE STANDARD!! |
**This is a bit vague! It covers a broad range of people!** |
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FACTORS TAKEN INTO ACCOUNT WHEN CONSIDERING THE DEFECTIVENESS OF A PARTICULAR PRODUCT: |
S 3(2)(a) - ▪ The manner in which, and purpose for which, the product has been marketed. ▪ The 'get-up' (packaging) ▪ The use of marks (e.g the Kite mark, a government safety standard) ▪ Instructions or warnings accompanying it ▪ What might reasonably be expected to be done with it Before the Act came into effect, in the case of HEIL v HEDGES 1951, a butcher was held not liable for selling a pork chop which contained parasites. These parasites were common in pork but were killed by proper cooking. The butcher was entitled to assume that the meat would be properly cooked. It was just like cooking chicken so you don't get salmonella, but it could have been different had it been steak. |
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