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The Millennium Bug and Product Liability.

Howells, Geraint (1992) The Millennium Bug and Product Liability. Journal of Information Law and Technology (2).

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Abstract

The millennium bug may well give rise to some claims in strict product liability under the Consumer Protection Act 1987. This article considers the likelihood of success of such claims. It concludes that, as the Act only applies to products supplied within ten years of the harm being caused, claims relating to products supplied within the last ten years are likely to succeed as the risk of the millennium bug was known by 1990. The development risks defence therefore would seem to have no application. Indeed it is suggested that the defectiveness standard is a more appropriate mechanism for determining whether it is just to impose liability and there seems no reason why liability should not be imposed for the millennium bug. Indeed this may be one instance where there is a difference between liability in negligence and strict liability, since exceptionally some producers might be able to argue they acted reasonably in marketing a non Y2K compliant product.

Item Type: Article
Journal or Publication Title: Journal of Information Law and Technology
Uncontrolled Keywords: product liability ; millennium bug ; development risks
Subjects: K Law > KD England and Wales
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 1155
Deposited By: Prof Geraint Howells
Deposited On: 01 Feb 2008 16:33
Refereed?: Yes
Published?: Published
Last Modified: 18 Sep 2013 16:05
Identification Number:
URI: http://eprints.lancs.ac.uk/id/eprint/1155

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