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First Principles of Business Law |
| The tort of Negligence |
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4. 3. Recognised duty situations or relationships |
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4.3.5. Manufacturers |
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Read the facts below and then answer the question. A purchases a power-driven saw from a retailer C. The saw is manufactured by D. A gives the saw to her partner B, who uses it to make furniture. However, because of a manufacturing defect, the safety guard becomes detached during operation, strikes the moving blade and is thrown upwards into B's face, blinding him. B, who has no contract with C or D, sues D in tort for damages. B argues that, in Australian law, any manufacturer of dangerous goods is strictly liable in tort for any harm caused by the goods. Therefore it is not necessary for a plaintiff to prove that, in the particular circumstances, the manufacturer owed the plaintiff a duty of care. Is B correct? |
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