NEGLIGENCE - DUTY OF thrill|
EXISTENCE OF A DUTYÂ Donoghue v Stevenson [1932] AC 562, HLBy economical and English law alike the manufacturer of an article of food, treat or the like, sold by him to a distributor in circumstances which prevent the distributor or the ultimate buyer or consumer from discovering by inspection any defect, is under a legal duty to the ultimate purchaser or consumer to set about reasonable autoe that the article is free from defect likely to cause injury to health:-
So held, by sea captain Atkin, Lord Thankerton and Lord Macmillan; Lord Buckmaster and Lord Tomlin dissenting.Caparo Industries v Dickman [1990] 1 All ER 568, HLSee below.Foreseeability and proximity Bourhill v Young [1942] 2 All ER 396, HLThe appellant, on Oct. 11, 1938, was a passenger on a tram elevator car. She alighted from the tramcar some 50ft. from the junction of the road on which the car was travelling and a cross road. After alighting from the car she passed along its closelipped side, round the front, and then to the entrance to the (drivers platform on the off-side. Here, with the help of the driver, she placed her heavy creel upon her back.
At the resembling time a motor cyclist passed between the near side of the tramcar and the footway and, not having seen a motor car turning into the cross road by reason of his experience being obscured by the tramcar, he collided with the car, was thrown off his motorcycle, take flight on his head and was killed. The appellant adage nothing of the separatrix but merely heard the noise of the impact of the two vehicles. After the body of the motor cyclist had been removed, she approached the spot and saw blood on the roadway. The injuries alleged to have been sustained by the appellant were that she wrenched and injured her back by being startle by the noise of the collision and that she was thrown into a nominate of terror and sustained a severe shock to her flyaway system, though there was no reasonable fear of quick bodily injury to her. She was...If you want to get a unspoilt essay, order it on our website: Ordercustompaper.com
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