Question
A seller can be liable for product liability:
Solution
CP Act, 2019. S. Section 86 of the Act lists the instances under which a product seller (who is not a product manufacturer) shall be liable in a product liability action for a harm caused by a defective product sold by the product seller. They are: Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â (a) if the product seller had exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm. (b) if product seller alters or modifies the product and such alteration or modification becomes the substantial factor in causing the harm. (c) if product seller has made an express warranty of a product, independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm. (d) if a product has been sold by the product seller and the identity of the product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on the product manufacturer or the product manufacturer is not subject to the law, which is in force in India or the order, if any, passed or to be passed cannot be enforced against the product manufacturer. (e) if the product seller fails to exercise reasonable care in assembling, inspecting or maintaining such product or if it does not pass on the warnings or instructions of the product manufacturer regarding the dangers involved or proper usage of the product while selling such product and such failure was the proximate cause of the harm.
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