Duty LXD-6489
Ships a mobile app, in the United Kingdom
Consumer Protection Act 1987, Part I, strict liability for defective productssince 8 lines
Consumer Protection Act 1987, c. 43, Part I (ss. 1-9) · Read the law's page
- The Act defines a product as any goods or electricity, including one comprised in another product as a component part; it is uncertain whether that reaches software or an AI system supplied on its own, and the Law Commission of England and Wales has proposed that it should (section 1(2)).
- If you manufacture a product, put your name or trademark on it as if you made it, or import it into the United Kingdom to supply it in the course of business, you are liable for damage a defect in it causes, and the injured person does not have to prove fault (section 2(1) and (2)).
- If you only supply a product and the injured person asks you to identify the producer, own-brander or importer, within a reasonable period after the damage and when they cannot reasonably identify all of them, answer within a reasonable period by identifying them or the person who supplied it to you, or you are liable for the damage yourself (section 2(3)).
- A product is defective if its safety is not such as persons generally are entitled to expect; all the circumstances count, including how you marketed it, your instructions and warnings, what might reasonably be done with it and when you supplied it (section 3).
- Do not rely on a contract term, a notice or any other provision to limit or exclude this liability to an injured person or to a dependant or relative of one (section 7).
- You have a defense if the defect is attributable to compliance with a legal requirement, did not exist in the product at the relevant time, or could not have been discovered given the state of scientific and technical knowledge at the relevant time (section 4(1)(a), (d) and (e)).
- Claims cover death, personal injury and loss of or damage to property ordinarily intended for private use, but not damage to the product itself, and property damage of £275 or less is not compensated (section 5).
- In England and Wales a claim must be brought within three years of the later of when it accrued and the claimant's date of knowledge, and the right of action is extinguished ten years after the relevant time (Limitation Act 1980, section 11A).
Consumer Rights Act 2015, section 46, remedy for damage that digital content causes to a consumer's device or other digital contentsince 3 lines
Consumer Rights Act 2015, c. 15, s. 46 · Read the law's page
- This binds a trader that supplies digital content to a consumer under a contract; a trader acts for purposes relating to its trade, business, craft or profession, and a consumer is an individual acting wholly or mainly outside them (sections 2(2), 2(3) and 46(1)).
- If your digital content damages the consumer's device or other digital content, and the damage would not have occurred had you exercised reasonable care and skill, repair the damage within a reasonable time and without significant inconvenience to the consumer, bearing the necessary costs, or compensate the consumer with an appropriate payment (section 46(1) to (3)).
- Pay any compensation without undue delay and within 14 days of agreeing that the consumer is entitled to it, and charge the consumer no fee for the payment (section 46(5) and (6)).