ABSTRACT

The study investigates liability for defective products under Cameroonian    
law. It examines the concept of of product liability, its nature and forms, the
legal, policy and institutional frameworks of product liability in Cameroon and
the effectiveness of the measures established relating to defective product
liability in Cameroon. The research makes use of the qualitative research
methodology with the use of doctrinal method where information was collected
via primary and secondary sources. The findings reveal that consumers face too
many challenges in obtaining redress for defective prduct claims.Some of these
challenges are: The fool proof production evidence, consumer unawareness of
their rights and difficuties accessing courts. The resultant policy
implications from the findings were categorized based on the objectives of the
study. From these implications, important policy recommendations which include;
Need and call for consumer advocacy, adequate legislation by Government and
Empowerment of consumers.It concludes that intervention is important for the
government as an authority through its legislation, to protect its citizens
against defective products and other abusive business practices carried out by
manufacturers, seller/retailer to the detriment of consumers. 

CHAPTER ONE

GENERAL INTRODUCTION

 1.1          BACKGROUND TO THE STUDY

Historically, product liability as a consumer protection measure had existed as long as human kind. This statement is evident in the bible where Moses in the Old Testament instructed the Israelites to build with caution as not to cause harm or injury to another person.^[i] Before 1985, there was relatively no need to protect consumers in the market place, this is because parties dealt inter-praesentis^[1] .

 In pre-industrialized societies, both producers and consumers knew themselves personally.  The rule that applied was caveat emptor, translated as “let the buyer beware”. This means that the buyer is responsible for examining merchandise and judging its quality before buying it. Therefore, he or she buys at their own peril.  The absence of less sophisticated products did not necessitate the need for product liability. That is, there was relatively no need for consumer protection because the manual production gave room for consumers to know their producer’s personally.The presiding rule of caveat emptor gave consumers the burden of responsibility of checking all vital information concerning products before purchase, such that in an event of defect the consumer will blame it to himself

The caveat emptor rule was not void of weaknesses, as it shifted responsibilities on the buyer and exempted producers from liabilities in the case of any defect after production. As such, unscrupulous manufacturers, producers and sellers use this rule to cover unethical and illegal sales or sales practices and as a consequence consumers were without a remedy.

However, by 1950, a movement called consumerism began pushing for the recognition and protection for consumer’s right against malicious business practices carried out in the market place such as misrepresentation, false advertisement, deceptive pricing, and most importantly non-compliance with manufacturing standards. By the end of the of the 1950s, the concept of product liability was well established; here an aggrieved party need only prove injury caused by the use of a product, rather than bearing the burden of proving corporate negligence as it was decided in the case of Donoghue v. Stevenson^[2]

It was only in 1985 that the issue of liability for defective products came to the fore, that is when the United Nation General Assembly issued Guidelines on Consumer Protection^[3] via resolution 39/248 of 16 April 1985 .This greatly hoisted product liability and the rights of consumers against defective producers.

Note is taken that, the U.N international Guidelines  adopted by the general assembly in 1985 laid a powerful foundation as to define consumer protection and laid down a standards of consumer interest based on human and consumer rights.^[4] Product liability is an important instrument in the society, and it enforces product safety^[5], this means a consumer has inalienable rights against defective goods and serves as a warning to producers and manufactures that their product should not be defective or cause harm to a consumer. Also, the consumer has the right to be informed properly about the goods he is purchasing and the onus is laid on the producer to disclose all vital information as concerns the product and any possible harm which it could emmanate therefrom. This is to enable consumers make informed choices before purchasing a good or service. This is also intended to protect consumers against deceptive and misleading information, and distributes consumer related information and most importantly prevents deceptive marketing in the economy. The UN Guidelines therefore paved the way for consumer protection via product liability by providing several rights to consumers including; the right to right to choose, rights to be heard and rights to redress, the right to consumer education, and a healthy environment.^[6] That is, a consumer has to right to choose amongst other products and have the liberty of variety, the ability to voice out his complaints and worries as regards his consumption and the right to fair settlement, the right to acquire skills and knowledge to enable him make brilliant choices, and to live and work in a comfortable environment.^[7]