244 Chapter 8The tort of negligence
Example
John buys a toaster as a Christmas present for Mary. John does not tell the shop that the
toaster is being bought for Mary. The toaster explodes, injuring Mary and damaging her
kitchen. Privity will prevent Mary from suing the shop because she has no contract with the
shop. The Consumer Protection Act 1987 will allow Mary to sue the manufacturer of the
toaster to claim damages for her injuries. Mary will also be able to use the Consumer
Protection Act to claim damages for all the damage to her kitchen if this amounts to
damage of more than £275. If the damage to Mary’s kitchen does not exceed £275, it is
possible that Mary could sue the manufacturer of the toaster for the tort of negligence to
recover damages. John can recover the price of the toaster from the shop but cannot
recover damages on Mary’s behalf. If John does not recover the price of the toaster from
the shop Mary will have no right to do so or to sue the shop for damages.Table 8.1 gives an overview of the different types of liability imposed by the SGA 1979, the
tort of negligence and the CPA 1987 Part I.Figure 8.3 An overview of the CPA 1987 Part I