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Strict liability for defective products: balancing of interests between consumers and producers

A system of strict liability for defective products has been incorporated into Malaysian law through Part X of the Consumer Protection Act 1999 (hereinafter referred to as the CPA). It is aimed at providing better protection to the victim of defective or unsafe products. However the system is founde...

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Main Author: Amin, Naemah
Format: Article
Language:English
Published: Malaysian Consumer and Family Economics Association 2007
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/6279/1/Macfea_journal.pdf
http://irep.iium.edu.my/6279/
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spelling my.iium.irep.62792012-07-23T02:45:33Z http://irep.iium.edu.my/6279/ Strict liability for defective products: balancing of interests between consumers and producers Amin, Naemah K Law (General) A system of strict liability for defective products has been incorporated into Malaysian law through Part X of the Consumer Protection Act 1999 (hereinafter referred to as the CPA). It is aimed at providing better protection to the victim of defective or unsafe products. However the system is founded on the policy consideration that product liability law should maintain a fair, just and proper balance between the interest of the consumer and the interest of the producer. Consequently liability for defective products may be strict but not absolute. A producer may free himself from liability if he furnishes proof as to the existence of certain exonerating circumstances. The aim of this paper is to examine whether the law is really able to strike a balance between commercial interests and consumer protection in the area of product liability. The main focus of the paper is the extent to which the principle of strict liability under Part X of the CPA realises its main objective to improve the substantive position of the victims of defective products, beyond that already afforded to them under the common law. All the defences available to the defendants in product liability claims will then be considered. The discussion will assess the extent to which those defences can be justified as a means of reducing or intruding upon the compensation rights of the injured persons. Malaysian Consumer and Family Economics Association 2007 Article REM application/pdf en http://irep.iium.edu.my/6279/1/Macfea_journal.pdf Amin, Naemah (2007) Strict liability for defective products: balancing of interests between consumers and producers. Malaysian Journal of Consumer and Family Economics, 10. pp. 30-39. ISSN 1511-2802
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Amin, Naemah
Strict liability for defective products: balancing of interests between consumers and producers
description A system of strict liability for defective products has been incorporated into Malaysian law through Part X of the Consumer Protection Act 1999 (hereinafter referred to as the CPA). It is aimed at providing better protection to the victim of defective or unsafe products. However the system is founded on the policy consideration that product liability law should maintain a fair, just and proper balance between the interest of the consumer and the interest of the producer. Consequently liability for defective products may be strict but not absolute. A producer may free himself from liability if he furnishes proof as to the existence of certain exonerating circumstances. The aim of this paper is to examine whether the law is really able to strike a balance between commercial interests and consumer protection in the area of product liability. The main focus of the paper is the extent to which the principle of strict liability under Part X of the CPA realises its main objective to improve the substantive position of the victims of defective products, beyond that already afforded to them under the common law. All the defences available to the defendants in product liability claims will then be considered. The discussion will assess the extent to which those defences can be justified as a means of reducing or intruding upon the compensation rights of the injured persons.
format Article
author Amin, Naemah
author_facet Amin, Naemah
author_sort Amin, Naemah
title Strict liability for defective products: balancing of interests between consumers and producers
title_short Strict liability for defective products: balancing of interests between consumers and producers
title_full Strict liability for defective products: balancing of interests between consumers and producers
title_fullStr Strict liability for defective products: balancing of interests between consumers and producers
title_full_unstemmed Strict liability for defective products: balancing of interests between consumers and producers
title_sort strict liability for defective products: balancing of interests between consumers and producers
publisher Malaysian Consumer and Family Economics Association
publishDate 2007
url http://irep.iium.edu.my/6279/1/Macfea_journal.pdf
http://irep.iium.edu.my/6279/
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score 13.211869

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