Liability Of Manufacturers Ensure Management-Myassignmenthelp.Com

Question: Explain Liability Of Manufacturers Ensure Management? Answer: Introducation In the case of Donoghue v Stevenson 1932 AC 522 the manufacturer was held liable for the snail present in a ginger beer. The court provided that as a neighbour has the liability to ensure that his actions do not harm the other neighbour, it is also the liability of manufacturers to ensure that their goods do not cause injury to the consumers. The case provided 4 steps to establish negligence. Step 1: Dose Tim Creations have a duty of care towards Mina Law- Donoghue v Stevenson provided manufacturers have duty of care to consumers. Application to facts: As Mina consumed Ice-cream produced by Tim Creations Duty of care exists. Forseability- it was foreseeable to see the injury on part of Tim creation. As a reasonable person could foresee illness upon eating a stale Ice-cream Vulnarability- it was probable that any human would be vulnerable to such harm. Step 2: Establishment of breach of the duty Probability- The ice cream served by Tim creation was stale. Therefore the duty of care is breached Seriousness- injury could be result in serious consequences Burden- burden of taking precautions was on Tim Creations as per Woods v Multi-Sport Holdings Pty Ltd (2002). Social utility- Eating is a necessity of human A reasonable person would have not served Steel ice cream in the restaurant Step 3: Injury caused due to the breach If the ice cream would not have been stale Mina would not have fallen ill does it can be said that the illness was cost as the duty of care was breached. Therefore negligence is established Step 4: Defences No contributory negligence No Voluntary assumption of risks Step 5: Recovery Mina would recover total amount lost due to falling ill. Conclusion Mina can claim compensation from Tim creations for the illness suffered by her by consuming the ice-cream. References Donoghue v Stevenson 1932 AC 522 Roads and Traffic Authority of NSW v Dederer [2007].