Consumer Affairs Act (Cap. 378)

Consumer Affairs Act (Cap. 378), article 67

Official PDF on legislation.mt

67. (1) The action for damages under this Part shall be barred by the lapse of three years commencing from the day when the injured party became aware, or should reasonably have become aware, of the damage, the defect and the identity of the producer. (2) Notwithstanding sub-article (1), the action for damages u n d e r t h i s P a r t s h a l l in a n y c a s e b e ex t i n g u i s h e d u p o n t he expiration of the period of ten years from the date on which the producer put into circulation the actual product which caused the damage unless the injured party has in the meantime instituted legal proceedings against the producer. Cap. 16. (3) Sub-titles I, II and III of Title XXV of the Civil Code concerning the causes which prevent, suspend and interrupt prescription shall apply to actions made under this Part. (4) The burden of proving when the actual product which caused the damage was put into circulation shall lie on the producer. Prohibition of exclusion of liability. Added by: XXVI. 2000.15.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.