Usually there is a contract involved in the supply of a health product. The contract, which need not be written, is between the supplier (usually a pharmaceutical company) and the user. If a product is faulty, or not fit for the purpose for which it was sold, the contract is breached. A breach of the terms of the contract is enough to bring an action. There need not be any carelessness involved unless the contract only promised that the supplier of the services or product would exercise reasonable care. For more information, see CONSUMERS AND CONTRACTS, Contracts, Defective Goods.
In cases involving the sale of goods, the injured person can use consumer protection laws such as the Sale of Goods Act 1895 (SA) or the Competition and Consumer Act 2010 (Cth). For more information, see CONSUMERS AND CONTRACTS, Consumer Protection.
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