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Statutory duty – Breach. Following a fire at his home in which a Samsung fridge freezer caught fire, the claimant issued proceedings against the defendant for breach of the statutory duty, under s 2 of the Consumer Protection Act 1987, and/or for negligence. The Technology and Construction Court, in dismissing the claim, held that the claimant had not discharged the burden of proving that there had been a defect in the product or the seat or origin of the fire. Further, the facts found had not provided the basis of a claim against the defendant in negligence.
Statutory duty – Breach. Following a fire at his home in which a Samsung fridge freezer caught fire, the claimant issued proceedings against the defendant for breach of the statutory duty, under s 2 of the Consumer Protection Act 1987, and/or for negligence. The Technology and Construction Court, in dismissing the claim, held that the claimant had not discharged the burden of proving that there had been a defect in the product or the seat or origin of the fire. Further, the facts found had not provided the basis of a claim against the defendant in negligence.
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