Unit 4.3- Products (Negligence)

Question 1

Donoghue v Stevenson

Answer 1

The “narrow rule” - a manufacturer owes a duty of care to its ultimate consumer

Question 2

Haseldine v Daw

Answer 2

Repairers of products are “manufacturers”

Question 3

Stennett v Hancock

Answer 3

Installers of products are “manufacturers”

Question 4

Andrews v Hopkinson

Answer 4

Suppliers of products are “manufacturers”

Question 5

Kubach v Hollands

Answer 5

Product must reach consumer in same condition as when it left manufacturer without “reasonable possibility of intermediate examination”

Question 6

Define “negligence”

Answer 6

A breach of a legal duty of care owed to the claimant which results in harm to the claimant undesired by the defendant

Question 7

Is there strict liability for defective products in negligence?

Answer 7

No (Donoghue v Stevenson)

Question 8

Grant v Australian Kitting Mills - when can a breach be implied?

Answer 8

When it’s apparent that the defect would have been averted had the manufacturer taken reasonable care.

Question 9

What test of remoteness applies for negligently defective products?

Answer 9

The usual test for remoteness in negligence - the wagon mound “reasonable foreseeability”