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Dobson v. Dobson 2 S.C.R. 753, 1999 CanLII 698 Supreme Court of Canada July 9, 1999 Cynthia Dobson, Appellant, v. Ryan Leigh MacLean Dobson by his Litigation Guardian, Gerald M. Price, Respondent, and The Canadian Abortion Rights Action League, the Evangelical Fellowship of Canada and the Catholic Group for Health, Justice and Life, Interveners.
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the appellant, richard thorold grant, a fully qualified medical man practising at adelaide, south australia, brought an action against the respondents, australian knitting mills, ld., and john martin & co., ld., claiming damages on the ground that he had contracted dermatitis by reason of the improper condition of some "golden fleece" woollen .
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CASE REFERENCES Donoghue v Stevenson (1932) A.C. 562, 580 Grant v Australian Knitting Mills Ltd. (1936) A.C. 85 Greene v Chelsea Borough Council (1954) 2 Q.B. 127 A.C. Billings & Sons Ltd v Riden (1958) A.C. 240 Clay v A.J. Crump & Sons Ltd (1964) 1 Q.B. 533 9. OBITER DICTUM " by the House of Lords in Donoghue v Stevenson and it was to ...
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Grant v Australian Knitting Mills [1936] AC 85 (PC) London Street Tramways v London County Council [1898] AC 375 (HL) Merrit v Merrit [1970] 1 WLR 1211 (CA) Pepper v Hart [1992] AC 593 (HL) R v R [1992] 1 A.C. 599 (HL) Young v Bristol Aeroplane Co Ltd [1944] KB 718 (CA) Books. Barker D and Padfield C, Law (1st edn, Made Simple 2002)
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Grant v. Australian Knitting Mills (1936) AC 85 Nkata and others v Attorney General (1966) ZR 124 Zambia Revenue Authority v. Dorothy Mwanza and Others (2010) ZR Volume, 2, 181 Simwanza Namposhya v. Zambia State Insurance Corporation Limited (2010) ZR Volume 2, 339 Attorney General v. Kakoma (1975) ZR 21C Thornett & Ferr v.
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Dr Grant brought an action for damages in the Supreme Court of South Australia, suing the retailers for breach of the implied terms of merchantable quality and fitness for purpose under the Sale of Goods Act 1895 (SA), and the manufacturers, Australian Knitting Mills, for breach of the manufacturer's duty of care.
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Grant v Australian Knitting Mills Ltd 1936 (Common law liability) Extended the statutory claim for breach of contract i the Sale of Goods Act 1979 to where the defective product damages other property of C, or caused personal injury Donoghue v Stevenson 1932
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Sep 14, 2021Grant v Australian Knitting Mills: PC 21 Oct 1935. (Australia) The Board considered how a duty of care may be established: 'All that is necessary as a step to establish a tort of actionable negligence is define the precise relationship from which the duty to take care is deduced. It is, however, essential in English law that the duty should ...
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Grant v Australian Knitting Mills Ltd[1936] AC 85 Disclaimers Adisclaimeris a term providing that a party will not be in breach despite failing to perform one or more of their contractual obligations.
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Grant v Australian Knitting Mills [1936] AC 85 Gib 584 In Grant v Australian Knitting Mills Ltd case, Dr Grant, the plaintiff had bought an undergarment from a retailer. The undergarment is manufactured by the defendant, Australian Knitting Mills Ltd. Dr Grant was contracted dermatitis. ...
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Grant v. Australian knitting mills pty ltd [19360 In the winter of 1931, Dr Grant purchased two sets of underclothes. After wearing the underclothes on a number of occasions over a three-week period, he developed an itch. The itch was diagnosed as dermatitis and the underclothes were blamed for the condition.
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Jan 11, 2022Case study [4.650] In Grant v Australian Knitting Mills [1936] AC 85, Dr Richard Grant bought two woollen singlets and two pairs of long johns from a store in Adelaide, South Australia. ... In Mineralogy Pty Ltd v Western Australia (2021) 95 ALJR 832 and Palmer v Western Australia (2021) 95 ALJR 868, the High Court dismissed a challenge to ...
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Dempsey v. Scribbans & Co. Ltd Dineen v. McFarland Donnelly; O'Connor v. Downes; The People (Att.-Gen.) v Duane v.. Dublin Corporation Dublin Corporation; Duane v Erskine, Application of Connolly; Somers v Garryspillane Co-operative Creamery Ltd. v. Limerick Co. Co Gleeson v. Limerick Corporation Great Southern Rlys. Co.; Shea v Hawes, In re ...
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Burton v Pinkerton (1867) L.R. 2. Ex. 340. • Where the Defendant's breach of contract led to pain and suffering - Grant v Australian Knitting Mills Ltd (1936) AC 85. The above cases were regarded as exceptional (normally the plaintiff will have a right of action in tort).
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Aug 10, 2021Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 - C2012A00169. sch 4 (item 14) Registered: 10 Aug 2021: Start Date: 30 Jun 2021: Details. Expand. Table of contents. Volume 1: Part I—Preliminary Part II—The Australian Competition and Consumer Commission ...
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Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112; [1985] 3 WLR 830; [1985] 3 All ER 402, HL 243 Grant v Australian Knitting Mills Ltd [1936] AC 85, PC 200 Greater Nottingham Co-operative Society Ltd v Cementation Piling and Foundations Ltd [1988] 2 All ER 971; [1989] QB 71; [1988] 3 WLR 396, CA 200, 203
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grant v australian knitting mills donoghue v stevenson Accordingly to Lord Atkin:The test is, thus, one of close relationship and the criterion is whether the likelihood of injury ought to have been foreseen by the defendant. A boy bought a bottle of the ginger beer from the retailer and treated his girlfriend to its contents. Derry v.
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' This was illustrated in Grant v Australian knitting Mills Ltd [1936], where the plaintiff contracted dermatitis from the presence of too much sulphite found in a pair of new underpants, which he had not washed prior to wearing them. The Privy Council found that this was considered a defective product as it was not to be expected that they ...
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GRANT v AUSTRALIAN KNITTING MILLS, LTD [1936] AC 85, PC. The Judicial Committee of the Privy Council. The procedural history of the case: the Supreme Court of South Australia, the High Court of Australia. Judges: Viscount Hailsham L.C., Lord Blanksnurgh, Lord Macmillan, Lord Wright and Sir Lancelot Sandreson. The appellant: Richard Thorold Grant.
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"a manufacturer of products which he sells in such form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examination, and with the knowledge that the absence of reasonable care in the preparation or putting up of the products will result in an injury .
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Grant v. Australian Knitting Mills Ltd., [1936] A.C. 85 (P.C.), consd. [para. 26]. Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd., [1969] 2 A.C. 31 (H.L.), refd to. [para. 26]. Hardwick Game Farm v. Suffolk Agricultural and Poultry Producers' Association - see Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd.
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Survey of Products Liability Law /117 tractor who had agreed to convey the mail bags along a certain route, sought to recover damages for an injury he sustained when the coach
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Grant v Australian Knitting Mills Ltd [1936] AC 85; Digest Supp, 105 LJPC 6, 154 LT 18. Action. Action for damages. The claim against the first defendant was founded on contract and was for breach of warranty. The second and third defendants were sued in tort for fraud and negligence. The issue of fraud was abandoned.
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Tort Law - Grant v Australian Knitting Mills [1936] AC 85. The case of Grant v Australian Knitting Mills considered the issue of negligent product liability and whether or not a clothing manufacturer was responsible for the injury sustained by a consumer when first wearing their clothing.
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Jul 4, 2021An example how effective judicial precedent can be is exemplified in the case of Hunter and Others v Canary Wharf Ltd and London Dockland Development Corporation.[12] ... Grant v Australian Knitting Mills [1936] AC 85; Hunter and Others v Canary Wharf Ltd and London Dockland Development Corporation [1997] UKHL 14;
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Donoghue v Stevenson [1932] AC 562 Important. Grant v Australian Knitting Mills [1936] AC 85. Muirhead v Industrial Tank Specialties [1986] QB 507. Hobbs (Farms) Ltd v Baxenden Chemical Co [1992] 1 Lloyd's Rep 54. Hamble Fisheries v Gardner ('The Rebecca Elaine') [1999] 2 Lloyd's Rep 1. Howmet Ltd v Economy Devices Ltd [2016] EWCA Civ 847.
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[13] In the Australian case of Grant v Australian Knitting Mills Ltd. and Others [1936] A.C. 85 the Privy Council examined the meaning of "merchantable". The action was brought under a provision of the South Australia Sale of Goods Act which is identical to section 14 of the UK Sale of Goods Act 1893. upon which the defendant rest their ...
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Varley v Whipp [1900] The most usual application of that section no doubt is to the case of unascertained goods, but I think it must also be applied to cases such as this where there is no identification otherwise than by description." "new reaping machine", used to cut 50/60 acres Grant v Australian Knitting Mills Ltd [1936]
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Grant V Australian Knitting Mills Case 1/20/2020 · Judgement for the case Grant v Australian Knitting Mills . P contracted a disease due to a woollen jumper that contained excess sulphur and had been negligently manufactured.
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The Court of Appeal established the seller's liability under section 13 of the Sale of Goods Act 1893 rather than section 14 of the same act since it was a private sale. Applied: Grant v Australian Knitting Mills Ltd [1936] A.C. 85, [1935] 10 WLUK 28. Read our cases and notes on Commercial and Agency Law to learn more!
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Lord Wright:- The appellant is a fully qualified medical man practising at Adelaide in South Australia. He brought his action against the respondents, claiming damages on the ground that he had contracted dermatitis by reason of the improper condition of underwear purchased by him from the respondents, John Martin & Co., Ltd., and manufactured by the respondents, the Australian Knitting Mills ...
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Again in Grant v. Australian Knitting Mills, Ltd. [1936] AC 85, Lord Wright, delivering the judgment of the Privy Council, said (at pp. 99-100): ".whatever else merchantable may mean, it does mean that the article sold, if only meant for one particular use in ordinary course, is fit for that use."
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Created Date: 1/6/2004 4:03:28 PM
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The company has an important place in Australian consumer law through the famous case of Grant v Australian Knitting Mills Ltd (1936), also known as "the case of the itchy undies" in which a South Australian doctor sued the company because his new woollen underwear caused serious dermatitis.
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As early as 1936, only four years after the decision in Donoghue, the concept of negligence was further expanded in the Australian case of Grant v Australian Knitting Mills [1936] AC 85. In this case the manufacturers failed to remove a chemical irritant from their woollen underwear. Grant, upon wearing the undies, contracted dermatitis.
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Then again, in Grant v. Australian Knitting Mills (1936) A.C. 85 to which we have already referred, the sale was not by sample, but yet Lord Wright, delivering the judgment of the Judicial Committee, in dealing with the question of patent defects uses language, which more or less occurs in the section, relating to sale by sample (see p. 100).
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Stevenson [1932] AC 562, and Grant v. Australian Knitting Mills Ltd. [1936] AC 85. Mr. Aikens sought to distinguish Grant's case on the grounds that "there was no internationally recognised code . for regulating the rights and duties of the party primarily responsible for taking care, - 7 -
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West v. Emanuel, I98 Pa. ISo, 47 Atl. 965 (igol) ; RFSTATEMENT, TORTS (1934) § 401, comment a. 7. See the devastating application of this to the vendor of sulphite impregnated underpants in Grant v. Australian Knitting Mills, [1936] A. C. 85, which, however, did not involve a sale in an original package. See Naumann v.
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Home / 404. Aruna Mills Ltd v Dhanrajmal Gobindram (the "Leipzig") [1968] 1 QB 655. By michael Posted on September 4, 2013 Uncategorized. CIF sale - late delivery - sellers liable for loss suffered because of devaluation of currency promulgated after date of delivery.
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The court in Grant v Australian Knitting Mills (1936) averred that in a negligence claim it is incumbent upon the plaintiff/claimant to prove three key elements. These are; a) The defendant owed him duty of care b) The defendant has Breach the said duty c) Causation (A causal relationship between the defendant's actions and the consequences)
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