Abstract

This paper refers to a decision by the Supreme Court considering the issue of liability for a design defect, in which the Court completely overlooked an important legal issue relating to the relationship between liability under the statutory warranty and liability for defects (as referred to in the Copyright and Related Rights Act). Consequently, the author presents considerations relating to the relationship in question and suggests possible solutions. The paper also discusses issues relating to regulations imposing obligations on the contracting authority as regards the proper description of the subject of the order and their impact on liability for defects.