In turn contract and tort, the usual defences to negligence apply, the most important in practice being ‘volenti’ and contributory negligence. Moreover, evaluating product liability in tort is tortious liability does not cover defects which are not dangerous; in the past, the privity rule in contract meant that those who received defective but not dangerous products as gifts, or in some other non-contractual way, had no claim. The Contracts (Rights of Third Parties) Act 1999 goes some way to dealing with this problem, though, as have seen, how useful it turns out to be depends on sellers’ use of exclusion terms.