Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part X
70. Application of other written law
Feedback & supportFor the purposes of a claim under the Civil Law
Act 1956, any damage for which a person is liable under section 68
damage
“damage” means death or personal injury, or any loss of or damage to any property, including land, as the case may require;
shall be deemed to have been caused by the person’s wrongful act, neglect or default.
Where the person who suffered the damage caused wholly or partly by a defect in a product dies after suffering the damage, the request to the supplier under subsection 68(3) may, for the purposes of a claim under the Civil Law Act 1956, be made by the personal representative or dependant, as the case may be, of the deceased person.
product
“product” means any goods and, subject to subsection (2), includes a product which is comprised in another product, whether by virtue of being a component part, raw material or otherwise.
Where any damage is caused partly by a defect in a product and partly by the fault of the person who suffered the damage, the Civil Law Act 1956 shall have effect as if the defect were the fault of every person liable under this Part for the damage caused by the defect.
For the purposes of any written law conferring jurisdiction on any court with respect to any matter, liability for damage under this Part shall be treated as liability in tort.
For the purposes of subsection (3), “fault” has the same meaning as in the Civil Law Act 1956.
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