Examples Of Liability For Negligence

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Case Example: In Clarke v Army and navy Cooperative Society ltd (1903) 1 K.B 155 , the plaintiff purchased a tin of chlorinated lime from the defendant’s store When the plaintiff tried to open it in the usual way by pressing the lid off with a spoon the content flew on to her face and injured her eyes. The defendants knew of this danger but negligently omitted to warn the plaintiff about that . The defendants were held liable in tort towards her. Liability towards ultimate transferee There are two categories under which Liability towards ultimate transferee can be assigned: a. Liability for fraud, and b. Liability for negligence Case Example: In langridge v levy (1837) 2 M&W 519, the defendant sold a gun to plaintiff’s father for use of the plaintiff and stated that the same had been manufactured by a celebrated manufacturer and was safe. The gun burst when the plaintiff was using it and he was injured. It was held that even though the fraudulent statement was made by defendant to plaintiff’s father yet plaintiff was entitled to sue in fraud because the statement made by defendant was intended to be and was communicated to the plaintiff on which he had acted. Liability for negligence There are three categories under which Liability for negligence can be placed – • Things that are dangerous…show more content…
For the protection of the consumers, product liability laws have the most important socio-economic legislations. Earlier the product liability law, meant to protect the interest of the consumer, was not followed very strictly or in some cases not followed at all, thus its objective was difficult to achieve. However, through adoption of a pro-consumer approach, the courts have changed this trend. Earlier the compensation awarded were meant to compensate for the damage caused to the consumer but now the Courts are awarding severe
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