William Author Justin Nicholson

Product Liability William Author Justin Nicholson

This research paper shall examine from a comparative perspective the regime of product liability in Anglophone Cameroon and South Africa. It begins with an overview of product liability and illustrates on the concept. It further highlights the contractual and delictual basis for liability as well as the evolution of the no-fault liability regime and the extent of its application across jurisdictions. Chapter one shall discuss product liability in the English Speaking region of Cameroon where negligence is predominantly used as the basis for liability. Chapter two shall also examine product liability under the Republic of South Africa, where under the current legislation liability is still based on negligence. However a comparative study will be drawn from the test of determination of negligence which differs under Anglophone Cameroon and South Africa. Though at present South Africa utilizes negligence as a basis for liability, a new legislation has been promulgated into law which introduces the no-fault liability regime as the basis for liability as from April 1st 2011. Chapter three shall critically examine the no-fault liability regime or strict liability under Act 68 of 2008,