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CELE SQE1 模拟练习

Examination Timing: 00H00M01S

Simon is using his new mountain bike, which is a state-of-the-art product. It has a specially developed metal frame that enhances the bike’s performance over rough terrain. However, due to metal corrosion in some of the screws, which was unforeseeable, the handlebar snaps in two while Simon is using it. As a result, he breaks both wrists. Which of the following best explains whether Simon can recover damages for his injuries under the Consumer Protection Act 1987?

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Under the Consumer Protection Act 1987, a product is considered defective if it does not provide the safety that a person is generally entitled to expect. In this case, the mountain bike can be deemed defective because the handlebar snapped due to corrosion in the screws, leading to Simon’s injuries. The Act imposes strict liability on producers for damage caused by defective products, meaning Simon does not need to prove foreseeability or negligence. Therefore, Simon can recover damages for his injuries because the bike is defective under the terms of the Consumer Protection Act 1987.

Key Point: This question addresses the principles of strict liability under the Consumer Protection Act 1987. Understanding the criteria for product defects and the scope of strict liability for personal injuries is crucial for applying this legislation in tort cases.



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