2 Cathy visits a shop and buys two pre-packed sandwiches. The sandwiches were made by
a local company which supplied many local shops with sandwiches. Cathy and her friend
Dinah shared the sandwiches. Both Cathy and Dinah were made seriously ill, as the sand-
wiches were contaminated with rat poison. Advise Cathy and Dinah of their legal positions.
3 The premises of Bodgit Ltd are often in a dangerous state. Last week, two people were
injured while on the premises. Edward, an accountant employed by Bodgit Ltd, broke his
elbow when he slipped on an oil spillage on some stairs. The oil had been spilt on the stairs
four hours earlier. No orders to clear the spillage had been given, although all employees had
been warned to take care while using the stairs. Francine, who is 7 years old, was injured
while playing on partially completed buildings which are standing on Bodgit Ltd’s premises.
A friend of hers pushed her over and she fell into an exposed barrel of preservative chemical.
The chemical caused severe injuries to Francine’s skin. The managing director of Bodgit Ltd
knew that children had been breaking in and playing on the building site. Last week he
had put up a prominent sign, which read: ‘NOTICE. WARNING TO PARENTS. THIS SITE
CONTAINS HAZARDOUS BUILDINGS AND DANGEROUS SUBSTANCES. KEEP OUT.’
Advise Bodgit Ltd of any liability they might have to Edward or Francine.
4 With reference to decided cases, explain the requirements of the tort of negligence.Task 8
A friend of yours is contemplating starting a small business manufacturing garden benches to
be sold to local garden centres. Your friend has asked you to draw up a report, briefly explain-
ing the following matters:
(a) The matters which need to be proved in order to establish that the tort of negligence has
been committed.
(b) The extent to which liability in negligence can be reduced or extinguished.
(c) The extent to which occupiers of premises can incur liability to lawful visitors and to non-
lawful visitors who are injured while on the premises.
(d) The circumstances in which the Consumer Protection Act 1987 Part I can impose liability on
manufacturers.
(e) The meaning of privity of contract, and the extent to which the Contracts (Rights of Third
Parties) Act 1999 has limited the effect of privity.246 Chapter 8The tort of negligence
Visit http://www.mylawchamber.co.uk /macintyreessentialsfor:Access to the accompanying Pearson eText– an eBook
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personalise with your own notes.Multiple choice questions, flashcards and practice exam questions, to test
yourself on this chapter.Use Case Navigatorto read in full some of the key cases referenced in
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