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Grant v Australian Knitting Mills

[1936] AC 85

Case summary last updated at 20/01/2020 15:57 by the Oxbridge Notes in-house law team.

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. Privy Council allowed a claim in negligence against the manufacturer, D.
 
Lord Wright: Tortious liability of the manufacturer is unaffected by contracts or who owns the thing at the time of retailing. However, the Donoghue principles only apply to hidden dangers and NOT where a person knows of the danger, since in the latter the damage “follows from his own conscious volition in choosing to incur the risk or certainty of mischance.” 

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