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Law Cases
Tort Law Cases
Product Liability Cases

Tesco Stores Ltd v Pollard [2006] EWCA Civ 393

Country:
United Kingdom
By Oxbridge Law Team
Laws LJ

  • Plaintiff (a child) was able to open what was supposed to be a child-resistant bottle of washing powder sold by Tesco’s and the bottle manufactured by another company (Defendant 1 and Defendant 2).

  • Plaintiff ate the powder and was ill and Defendants were sued on his behalf.

  • The company found Defendant 1 and Defendant 2 liable under the 1987 Act.

Laws LJ

  • The case came down to s.3(1) of the act, that:

There is a defect in a product for the purposes of this Part if the safety of the product is not such as persons generally are entitled to expect …

  • Here, the public were entitled to expect that the bottle would be, more difficult to open than a standard bottle top, which it was.

  • Therefore the product was not defective. 

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Related free notes samples

Product Liability Notes
Tort Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB
Product Liability Notes
Tort Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all the LLB

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