Legal consequences of the negligent design and manufacture of motor vehicles

A growing focus on consumer protection has seen major changes in the law relating to product liability in Australia. These changes have come about through legislation which attempts to remedy the deficiencies of the common law system with respect to the provision of remedies for persons who have suffered personal injury or property damage as a result of defective goods.. The primary legislation is the Commonwealth Trade Practices Act l974. Subject to jurisdictional limitations the Act has effectively shifted the liability for loss or injury resulting from defective products to the manufacturer even in circumstances in which no action would arise at common law. The liability created by the Act is, subject to limited defences provided for in the Act itself, a form of strict liability such as does not exist at common law. Consequently the liability created does not arise out of any contractual agreement between the parties or, necessarily, from any negligence or fault of any kind on the part of the manufacturer. The scheme created by the Trade Practices Act operates in addition to and not in substitution of the actions available at common law and will not be available in every case in which loss or injury results from a defective product. However, the overall effect of the scheme is to expose manufacturers to much greater liability than exists under the common law system alone.

Language

  • English

Media Info

  • Pagination: 263-72
  • Monograph Title: Road accidents in their legal context

Subject/Index Terms

Filing Info

  • Accession Number: 01435780
  • Record Type: Publication
  • Source Agency: ARRB
  • ISBN: 0868569895
  • Files: ATRI
  • Created Date: Aug 24 2012 7:15PM