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    Question

    Under Section 2(34) of the Consumer Protection Act,

    2019, "product liability" is defined as: 
    A The legal responsibility of retailers alone for selling defective products to consumers Correct Answer Incorrect Answer
    B The responsibility of product manufacturer or seller to compensate for harm caused by defective product or deficiency in related services Correct Answer Incorrect Answer
    C A guarantee extended by wholesalers for the quality of products supplied to them Correct Answer Incorrect Answer
    D The insurance liability of manufacturers for third-party claims only Correct Answer Incorrect Answer
    E The contractual obligation of a product manufacturer to replace goods for free within one year Correct Answer Incorrect Answer

    Solution

    Section 2(34) defines "product liability" as "the responsibility of a product manufacturer or product seller of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto." Product liability is a strict liability regime, meaning the consumer need not prove negligence; they must only establish: (i) the product was defective or service was deficient; (ii) harm was caused; and (iii) causation. Three categories of parties can be liable: (a) product manufacturer (Section 84); (b) product service provider (Section 85); and (c) product seller(Section 86), each with distinct liability triggers. Chapter VI (Sections 82-87) comprehensively addresses product liability claims.

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