Who is liable for a defective product under the Consumer Protection Act 1987 s.2

Section 2(1) of the Consumer Protection Act 1987 makes every person to whom s.2(2) applies liable for damage caused wholly or partly by a defect in a product. Section 2(2) applies to (a) the producer of the product, which includes Sunlit as manufacturer; (b) any person who, by putting its name on the product or using a trade mark or other distinguishing mark in relation to it, has held itself out to be the producer, which covers Hartwell by selling the kettle as its own brand with no other maker's name; and (c) any person who imported the product into the United Kingdom in order, in the course of its business, to supply it to another, which covers Corran. Under s.2(5), where two or more persons are liable for the same damage, their liability is joint and several, so Zara can recover her loss from any of them. A mere supplier is liable only under s.2(3), but Hartwell is liable here as an own-brander.

Why A is wrong: Section 2(2) extends liability beyond the manufacturer to own-branders and importers into the UK.

Why B is wrong: Hartwell is liable because it held itself out as producer, but it is not the only person liable.

Why C is wrong: The importer is liable in addition to, not instead of, the manufacturer and the own-brander.

Why D is wrong: Hartwell is not a mere supplier: by selling the kettle under its own brand it held itself out as the producer under s.2(2)(b).