adaptation to the order of the customer may also be considered. Again, for
more detail on cases concerning the new regulations, see Chapter 8.
Consumer protection other than through the law of
contract
To claim in negligence a party must establish a duty of care owed to the
injured party, a breach of the duty of care, and damage caused by the
breach. Contributory negligence should also be considered. For more on
the law of negligence see the companion book in this series on the law of
tort. Criminal liability may arise from the Trade Descriptions Act 1968 or
the Consumer Protection Act 1987.
Questions
1 The ideas of laissez-faire in the law of contract have been gradually eroded by statute.
Discuss some of the incursions of statute law to control contractual agreements.
2 Explain and evaluate the concept of ‘product liability’ as introduced by the Consumer
Protection Act 1987 and the way that it has been applied.
252 Contract law