Dont manufacturers do soak tests anymore? The last complete base unit I bought once it was assembled at the company that was putting together the "custom" job I had ordered proudly proclaimed that they did a 24hr load test to check that all was right before they shipped.

It cant have been that difficult to get a few from the production line and try them out with some of the more demanding Apps to see what happens.

Ok most users willl not encounter this problem because they wont put the iPad under any stress what so ever but still

*shrug* We don't know they didn't. Given the extent and severity of the problem is an unknown factor at this point, the chance any pre-release test may have found it is pure speculation. We know some people have the problem but we don't know how many. We don't know how many people who have 'defective' units just haven't discovered the fact because they haven't placed them under heavy load yet and may never do so, so will never notice. We cannot draw any conclusions, from the available evidence, on what may or may not have happened during testing. All we can say with certainty is that the problem exists for some people and consider what consequences it may have for them.

The Sale of Goods Act would come into it though, particularly the implied term 'of satisfactory quality' - thus Apple could well be legally obliged to repair, replace or refund the unit - depending on its age and the choice of the consumer.