A Modern View of the Law of Torts by J. S. Colyer and W. A. J. Farndale (Auth.)

By J. S. Colyer and W. A. J. Farndale (Auth.)

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Extra info for A Modern View of the Law of Torts

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Despite the absence of any contractual relationship between manufacturer and ultimate consumer, a manufacturer owed a duty of care in tort to a consumer whenever the manufacturer knew that there was little or no prospect that anyone would examine the goods between leaving his factory and being used by the consumer. ) (Donoghue v. )1 (2) A similar liability was imposed upon a distributor who re-bottled defective hair-dye (Watson v. Buckley (1940))2 and (3) upon manufacturers who failed to rinse out a chemical from fabric from which they made underpants.

E. Jeavons and Co. R. ). Of course, such acts by the plaintiff will amount to contributory negligence on his part, ibid. 5 Hedley Byrne & Co. Ltd. v. R. ). e. said something, and therefore he owes a duty in respect ofthat activity (statement). g. has tested it or has seen other people skating on it). "Duty" is a term of relation, that is to say that a duty must be owed by A to B. A duty cannot exist without a person to whom it is owed. Robinson Crusoe owed no duties in tort to anybody (before Man Friday appeared) when on his desert island.

1 (2) A similar liability was imposed upon a distributor who re-bottled defective hair-dye (Watson v. Buckley (1940))2 and (3) upon manufacturers who failed to rinse out a chemical from fabric from which they made underpants. The chemical was harmful to a small minority of persons, and caused the plaintiff to contract dermatitis. (Grant v. )3 (4) A lady entered a cubicle in a public lavatory and found she could not get out, as there was no handle on the inside of the door. After attempting to attract attention for fifteen minutes, she climbed out, slipped, fell and injured herself as she did so.

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