chapter  7
7 Pages

‘Failure’ and ‘damage’

In the mechanical industry ‘failure’ is often defined as ‘the cessation of vital or important functions of a system’. Thus ‘failure’ refers to expected performance. This reference to performance requirements is explicitly fundamental in legal systems based on a doctrine of ‘fitness for purpose’, and constantly underlies the triggering of claims also in those systems which are based on producers’ duty of care.