Herschtal v Stewart and Arden Ltd

Question 1

Facts

Answer 1

Rear wheel came off the appellants car, the wheel nuts hadn’t been tightened properly and the threads were worn. Herschel suffered emotional shock.

Question 2

Issue

Answer 2

The ability of inspection.
Was the proximity between the manufacturer and the appellant broken? because Herschtal could have inspected the car.

Question 3

Decision

Answer 3

Plaintiff and Defendant were in a very proximate relationship - “neighbours”
The defendants could not reasonably expect Herschtal to inspect the car

Question 4

Reasoning

Answer 4

Is it reasonable to expect Herschtal to expect the car as it wasn’t in Donoghue v Stevenson and Grant v Australian Knitting Mills Ltd
The same spirit was applied to Herschtal

Question 5

Rule of Law

Answer 5

Inspection