Entrapment.docx - Defective Product Checklist 1 Duty of...

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Defective Product Checklist 1) Duty of Care? a. Within Duty of Care i. Watterbottom v Wright – manufacturer to those who were in a binding contract with him. ii. Donnague v Stevenson manufacturer to ultimate consumer or people ‘closely and directly affected.’
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iii. Grant v Australian Knitting Mills – external products that aren’t packaged so could be tampered with. iv. Andrews v Hopkinson – dealers who have sufficient expertise to check for defects. v. Brown v Cotteril – people in public places. vi. Stennet v Hancock and Peters – repairer screwed when pedestrian hit by wheel. vii. Jull v Wilson and Horton and Another – where things are dangerous in themselves the duty may be extended.
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viii. Voli v Inglewood Shire Council architects and council to users of building, to avoid unforeseeable plaintiffs you gotta make explicit the specific use of your product. ix. Clay v A J Crump – architects and contractors. x. Bowen and Another v Paramount Builders house damaging itself, builders owe duty to subsequent purchasers. xi. Invercargill City Council v Hamlin Council owes duty to house
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purchasers to ensure building complies with the building code. b. Outside Duty of Care i. Palsgraf v Long Island – someone at other end of train station gets hurt. ii. Marx v Attorney General – Mrs Marx’s grief about hubbie getting hurt at work and changing personality. iii. Bourhill v Young – Motorcyclist crash causes miscarriage. 2) Was there Negligence and did it cause the damage? a. Grant v Australian Knitting Mills – Balance of
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probabilities used as well as res ipsa loquitur. b. Bowen and Another v Paramount Builders – [Richmond, no cos they did what everyother careful builder would do] Ignored red flag by building inspector.
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  • Fall '19
  • Improper, Mr Stevenson

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