ABSTRACT
This chapter illustrates the common law basis for liability for defective products and explains the statutory basis for liability for defective products. It identifies the bases of liability for interference with goods and describes the law to factual situations and reach conclusions as to liability. The chapter explores liability for defective products under common law and examines liability for defective products under statute and deals with liability for torts committed against goods. The essence of the tort is that there has been interference with a person’s right to possess the goods. The act must be intentional in the sense that the person intended to do it. A person who takes possession of goods with the consent of the owner, for example as security for a debt, or pursuant to a court order, has lawful authority and is not liable for trespass.
