Chadwick v Continental Tyre Group Ltd [2008] ScotCS CSOH_24 (08 February 2008)

Chadwick v Continental Tyre Group Ltd [2008] ScotCS CSOH_24 (08 February 2008)

The pursuer's principal case, averring a manufacturing defect that caused the accident, is relevant and capable of satisfying the statutory defectiveness test under the Consumer Protection Act 1987, even if the pleadings do not use the statutory formula. The alternative case, that foreseeable misuse or lack of warning alone constitutes a defect, is irrelevant as a reasonably foreseeable risk does not amount to a defect under the Act or Directive.

Citation
[2008] ScotCS CSOH_24
Parties
Pursuer: Karl John Chadwick; Defender: Continental Tyre Group Limited
Jurisdiction
Scotland
Judgment Date
08 February 2008
Procedural Posture
Personal Injury/product Liability Action / Procedure Roll Hearing on Relevancy of Pleadings
Outcome
Partial dismissal; proof before answer allowed on principal case
Legal Topics
Defective Products, Manufacturing Defect, Strict Liability, Consumer Protection Act 1987, EC Directive 85/374/eec, Public Expectation of Safety, Warnings and Instructions, Overloading and Misuse, Causation
Product Liability Consumer Protection Tort/delict Defective Products Manufacturing Defect Strict Liability Consumer Protection Act 1987 EC Directive 85/374/eec +4 more

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Parties

Karl John Chadwick

Pursuer

Continental Tyre Group Limited

Defender

Procedural Posture

Personal Injury/product Liability Action / Procedure Roll Hearing on Relevancy of Pleadings

Legal Issues

  1. 1 Whether the pursuer's pleadings are relevant under the Consumer Protection Act 1987 and EC Directive 85/374/EEC
  2. 2 Whether a manufacturing defect or foreseeable misuse constitutes a defect under the Act
  3. 3 Whether the pleadings sufficiently aver the public's legitimate expectation of safety for the tyre

Ratio Decidendi

The pursuer's principal case, averring a manufacturing defect that caused the accident, is relevant and capable of satisfying the statutory defectiveness test under the Consumer Protection Act 1987, even if the pleadings do not use the statutory formula. The alternative case, that foreseeable misuse or lack of warning alone constitutes a defect, is irrelevant as a reasonably foreseeable risk does not amount to a defect under the Act or Directive.

Court Disposition

Partial dismissal; proof before answer allowed on principal case

Orders

  • Delete averments in the pursuer's alternative case from 'Esto' to 'used' at p 13A-B
  • Allow proof before answer of the pursuer's principal averments