First 269 words of the document:
Using the law of negligence a claimant suing in respect of defective goods must
1. A duty of care
2. Breach of that duty
3. Reasonably foreseeable damage as a result
4. Duty of Care:
5. The concept of duty of care comes from Donoghue v Stevenson,
Lord Atkins principles have been extended to cover any person who
buys or used the goods or who is affected by them (Grand v
Australian Knitting Mills).
6. Breach of Duty:
7. The test is the standard of a reasonable person and the court will look at all the
circumstances of the case e.g.
8. Faulty manufacturing process the burden would be on C to prove that D had
fallen below the standard of a reasonable manufacturer.
9. Intermediate Examination D should take reasonable steps to protect any
person into whose hands the goods may fall.
10. Instructions and Warning Labels if the goods would be dangerous
unless used in a certain way the manufacturer should give proper
instructions for use and an appropriate warning, if there is no warning they
may be liable (Fisher v Harrods)
11. Caused damage as a result:
12. C must demonstrate that the breach caused the damage this could be difficult
if there are multiple explanations for the accident (Evans v Triplex Safety
13. The damage claimed for is any personal injury or damage to property C
cannot claim for the value of the defective item, this would be pure economic
loss (Muirhead v Industrial Tank Specialities).