Tesco Stores Ltd v Pollard [2006] EWCA Civ 393

Court: Court of Appeal

Basic Facts: X’s child consumed dishwasher detergent due to a defective child-resistant cap. X was not found liable, and D (the manufacturer) was held responsible.

Issue: True meaning of the CPA 1987 regarding product safety.

Held: Ds were not liable under the CPA 1987

    • Law LJ: Under CPA 1987, a product is defective if it fails to meet safety expectations. The cap did not meet British safety standards but was still considered reasonably safe. Therefore, no statutory breach was found.

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The Wagon Mound (No. 2) [1967] 1 AC 617

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Telnikoff v Matusevitch [1992] 2 AC 343