Section 69 — CONSUMER PROTECTION ACT 1999

(a)

the defective product;

(b)

the whole or any part of the product which comprises the defective product; or

(c)

any property which at the time it is lost or damaged is not—

(i)

of a description of property ordinarily intended for private use, occupation or consumption; and

(ii)

intended by the person suffering the loss or damage mainly for his own private use, occupation or consumption.

(2)

For the purposes of paragraph (1)(c), loss or damage to property shall be deemed to have occurred at the earliest time at which a person with an interest in the property has knowledge of the material facts about the loss or damage.

(3)

For the purposes of subsection (2)—

(a)

the material facts about any loss of or damage to any property are such facts about the loss or damage as would lead a reasonable person with an interest in the property to consider the loss or damage sufficiently serious to justify his instituting proceedings for damages against a defendant who does not dispute liability and is able to satisfy a judgment against him;

WJW21/1045 Act 599.indd 86 18/03/2022 6:42 PM

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(b)

a person’s knowledge includes knowledge which he may reasonably be expected to acquire—

(i)

from facts observable or ascertainable by him;

or

(ii)

from facts ascertainable by him with the help of appropriate expert advice which it is reasonable for him to seek:

Provided that a person shall not be deemed to have knowledge of a fact ascertainable by him only with the help of expert advice unless he has failed to take all reasonable steps to obtain and where appropriate, to act on that advice.

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