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First Principles of Business Law |
| Liability in tort for wrongful conduct |
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12. Negligence |
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12 (b) 1.4. Establishing a duty of care: The existence of a recognised "duty situation" |
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A is a manufacturer of chocolates. One of the ingredients in a popular chocolate bar is milk powder. A obtains a consignment of milk powder from an overseas supplier and uses it to make a batch of chocolate bars. These bars are supplied to retailers for sale to consumers. B buys and eats two of these bars and falls seriously ill. It turns out that the milk powder used in these bars contains substantial quantities of melamine, a chemical that is harmful to persons who eat it. B sues A in Negligence. |
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(a) The relationship between A and B (manufacturer and consumer) is one that has been recognised as potentially giving rise to a duty of care. (b) The relationship between A and B (manufacturer and consumer) is not one that has been recognised as potentially giving rise to a duty of care |
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