Herschtal v Stewart and Ardern, Ltd

Question 1

Facts.

Answer 1

Plaintiff had a car delivered to his house. First time the car was taken out by the Plaintiff, the rear wheel came off. The wheel nuts had not been tightened properly.

Question 2

Main Question in Herschtal

Answer 2

Was the test for liability existence of a reasonable possibility of intermediate examination or reasonable anticipation of the examination by the defendant is.

Question 3

The Decision

Answer 3

Plaintiff and Defendant were in a neighbour relationship “very immediate neighbours” as were in actual contact with the Plaintiff.

Question 4

Reasonable Anticipation

Answer 4

The defendants were the Plaintiff’s neighbours and could not have reasonably anticipated intermediate examination revealing defect.

Question 5

Inspectability

Answer 5

Although it was possible for the buyer to have inspected the wheel before driving… it was not reasonable to expect him to have done so.

Question 6

Warnings and Third Parties.

Answer 6

Kubach v Hollands = explicit warnings and instructions about the chemicals given to the pharmacy.