ABSTRACT

The implications of the case, concerning a bought-in component with an intrinsic design defect, which caused damage to a producer's end-product are far-reaching for designers. The producer was found to be liable for the damage because he had not made efforts to discover any possible shortcomings in the component, preferring instead to rely on the supplier's reputation. The producer was a car manufacturer, TVR, and the component was an engine, made by Ford, with a Weber carburettor. Sir Roualeyn Cumming-Bruce explained: These manufacturers were not insurers. Their duty of care was limited to take reasonable care for the safety of the consumer who drove the car. In such a case, the producer of the final product could not escape liability by seeking to shift responsibility on to the component manufacturer. The designer who specifies certain components, which are to be comprised into his final product, is responsible for the contribution they make to overall safety.