Manufacturer's liability in Namibia

Abstract

Abstract provided by author

The law of delict is not static but it changes with time. As time goes by new fields come to the fore in delict. The liability of manufacturers is one of the developing fields of delict that is expected to dominate law suits in the near future. This means that manufacturer's liability is probably in an infant stage but is not an alien concept in our legal system. The dominance will be as the result of the increase and growth in manufacturing industries in Namibia. In our legal system liability for defects in products can be in contract or delict. In jurisdiction where the issue of manufacturer's liability is mature problems have been experienced in both contract and delict. This forced these jurisdictions to revise their existing laws and ultimately the adoption of legislation due to the inadequacy of those existing laws. The world is a global village and with the increase in industrialization the issue of products liability will become a reality as opposed to something we hear happening in other jurisdictions. This dissertation extensively discusses the law on liability for defective products in Namibian law. The purpose of this examination is to determine whether our common law principles are sufficient enough to regulate this new filed of law or not. The paper then concludes by giving recommendations as to what Namibia needs to do in preparing herself for this new field.