A manufacturer of products which he sells in such a

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Unformatted text preview: and ¶4-080 See Latimer at ¶1-350 and ¶4-080 19 20 Test found in Donoghue v Stevenson Ratio decidendi of Donoghue v Stevenson…. “A manufacturer of products, which he sells in such a • Established test for duty of care form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examination, • “Neighbour” test: duty of care arises from the “neighbour” relationship between the parties • Whether a duty of care exists depends on the facts of each individual case and with the knowledge that the absence of reasonable care in the preparation or putting up of the products will See Latimer at ¶1-350 and ¶4-080 result in an injury to the consumer’s life or property, owes a duty to the consumer to take that reasonable care.” See Latimer at ¶1-380 21 22 Is there a duty of care? Grant v Australian Knitting Mills “Neighbour” test “The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer’s question, who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.” Donoghue v Stevenson first followed in Australia in Grant v Australian Knitting Mills: • Manufacturer’s duty of care • No possibility of intermediate examination • Causation See Latimer at ¶7-060 Lord Atkin in Donoghue v Stevenson [1932] AC 562 See Latimer at ¶4-080 23 24 24 Duty of Care Established Categories Recognised duty of care (proximity of relationship) exists between: Key factors: • Reasonable foreseeability • • • • • • • • “Neighbour” relationship • Reasonable reliance • Knowledge of risk • Vulnerability of the plaintiff • Compassion does not create a duty of care Authorities (police, government, public bodies etc) and the public Builder and client Drivers and passengers/road users Manufacturers and consumers Suppliers and wholesalers/retailers Professional advisers (accountants, doctors, solicitors etc) and clients Occupier and visitor/tenant/trespassers See Latimer at ¶4-090 See Latimer at ¶4-080 25 25 Non-delegable duty 26 (2) Is there a breach of the duty of care? Common Law: Bolton v Stone Paris v Stepney Borough Council Romeo v Conservation Commi...
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This note was uploaded on 03/11/2014 for the course LEGT 1710 taught by Professor Leena during the Three '10 term at University of New South Wales.

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