Product Liability: A Singapore Perspective

These typically apply to sellers only, not manufacturers as these statues relate to contractual terms:
 
1. Sale of Goods Act, 
2. Supply of Goods Act 
3. Unfair Contract Terms Act
 
The above 3 Acts work together by: 
(i) implying basic standard terms into all contracts for sale of goods through the Sale of Goods and Supply of Goods Acts – i.e. goods must be of satisfactory quality and comply with the description of the goods or sample of goods supplied to consumers;
(ii) Operation of the Unfair Contract Terms Act prevents sellers from excluding or otherwise restricting by contract the implied terms as to satisfactory quality of goods.

4. Consumer Protection (Trade Descriptions and Safety Requirements Act ("CPTDA")
 
The CPTDA prevents sellers from applying incorrect "misdescriptions" of goods supplied in the course of business. Certain goods such as electrical appliances / gas systems also attract the requirement for the seller to affix safety labels on such goods.
 
5. Consumer Protection (Fair Trading) Act ("CPFTA") or Lemon Law
 
The CPFTA defines certain "unfair" practices which would give consumers a right of action against sellers if the sellers perform the following practices:
 
• Deceiving or misleading consumers
• Making false claims
• Taking advantage of vulnerable consumers who are not in a position to protect their own interest or reasonably understand the character, nature, language or effect of a transaction
• Performing certain clearly prohibited actions stated in Schedule 2 of the CPFTA, which include acts such as using small print to conceal a material fact from consumers
 
Under the CPFTA, any person who, in the course of any trade or business, supplies goods that contravene CPFTA regulations shall be guilty of an offence, punishable with a fine and/or imprisonment.

Please see above "Consumer Goods" row for explanation of, Sale of Goods Act, Supply of Goods Act, Unfair Contract Terms Act, Consumer Protection (Trade Descriptions And Safety Requirements) Act, and Consumer Protection (Fair Trading) Act.
 
Please note that negative repercussions could arise in the event death is caused (both imprisonment and/or fines) under the Penal Code where the death arose from rash or negligent acts. 
 
The following may apply to sellers, manufacturers, and importers of medical devices and pharmaceuticals:
 
Medicines Act ("MA")
 
The MA is a comprehensive Act that is a control mechanism for authorities in relation to all forms of medicine both western and traditional/ethnic including traditional Chinese medicine.
 
From a product liability perspective, compliance with the entire terms of the MA is crucial – from importation, storage, ensuring that licensed pharmacies distribute drugs that require prescriptions, ensuring that medicines are packaged properly in accordance with the MA standards, and, meeting advertisement approval requirements.
 
Health Products Act ("HPA")
 
The HPA is a wide-ranging Act that covers more than just product liability and includes provisions relating to registration, presentation and advertisement of health products including medical devices, cosmetics, therapeutic products and oral dental gums.
 
As far as product liability is concerned, the HPA sets out standards for health products in relation to their formulation, composition, design specification, quality, safety, efficacy and presentation.
 
Consequences of Breach of MA and HPA
 
Where the minimum requirements contained in the MA and HPA are not met, sellers, manufacturers and importers can expect to face prescribed fines and/or imprisonment.
 
Failure to meet these prescribed requirements also bolsters the case of affected individuals in the common law realms of contract and tort.