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Showing posts with label Duty of Care. Show all posts
Showing posts with label Duty of Care. Show all posts

Saturday, May 19, 2012

Privity of Contract
 - An individual cannot sue on a contract to which he or she was not a party
 - A consumer buys a product from the retailer, product turns out faulty, consumer cannot sue  manufacturer because consumer has no contract with manufacturer but retailer.



However, in Donoghue v Stevenson, Mrs D brought action under the duty of care , since she couldn't sue under contract.
Awarded damages.
Ginger beer defective ; contained decomposed snails.