Grant v Australian Knitting Mills Flashcards
Facts
Grant brought underwear from a shop, the underwear had not been correctly manufactured and caused Grant to develop a rash on his body.
The Appeal
Grant appealed to the Privy Council (our version of the Supreme Court).
Privy Council
Lord Wright said to follow the decision laid our in Donoghue.
Inspection.
Grant had the chance to inspect the goods purchased, however is it reasonable to inspect one to do so? The chemicals were not visible.
Contributory Negligence Act 1947
If the injured party themselves did something that contributed to the harm or loss… then the compensation can be reduced accordingly.
Apportionment of liability in case of contributory negligence.
Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons.
Duty of Care
Must decide whether a duty of care exists before holding someone legally accountable.