Grant v Australian Knitting Mills [1936] AC 85
Case Brief: Grant v Australian Knitting Mills [1936] AC 85
1. Facts:
Dr. Grant, the plaintiff, purchased woolen underwear manufactured by Australian Knitting Mills.
After wearing the underwear, Dr. Grant developed severe dermatitis due to chemical irritants (sulphites) left in the garments.
He sued the manufacturer for negligence, claiming they failed to ensure the product was safe for use.
The underwear was bought through retail, and there was no direct contract between Dr. Grant and the manufacturer.
The key question was whether the manufacturer owed a duty of care to the ultimate consumer.
2. Legal Issues:
Does a manufacturer owe a duty of care to the ultimate consumer who uses the product, even if there is no direct contract?
Can negligence be established by showing a defective product caused injury to the consumer?
The scope of liability for manufacturers in tort law, especially regarding product safety.
The principle of "privity of contract" and whether it limits liability.
3. Relevant Legal Principles:
Negligence: Duty of care owed by manufacturers to consumers.
The concept of product liability before formal product liability laws existed.
The breakdown of the privity rule, which previously restricted claims to direct contract parties.
Precedents such as Donoghue v Stevenson (1932), which established the "neighbour principle" for duty of care.
4. Judgment:
The Privy Council held that the manufacturer owed a duty of care to the consumer.
It was held that the manufacturer was negligent in failing to remove harmful chemicals from the underwear.
The Court ruled that the consumer could sue in tort for damages caused by negligence, even without a direct contract.
This case reinforced and extended the principle laid down in Donoghue v Stevenson, confirming liability for manufacturers.
The decision established that manufacturers must ensure their products are safe for use by the consumer.
5. Legal Principles Established:
Manufacturers owe a duty of care to the ultimate consumers.
Negligence can arise from failure to take reasonable care in the manufacturing process.
The rule of privity of contract does not shield manufacturers from liability for negligence.
Product liability in tort law holds manufacturers responsible for harm caused by defective or dangerous products.
6. Significance:
This case is a landmark in the development of modern product liability law.
It expanded the scope of manufacturer liability beyond contract law to tort law.
Strengthened consumer protection by holding manufacturers accountable for unsafe products.
It has influenced common law jurisdictions worldwide on issues of negligence and product liability.
Helped shape the legal landscape leading to statutory product liability regimes.
7. Summary:
| Aspect | Details |
|---|---|
| Parties | Grant (Plaintiff) vs Australian Knitting Mills (Defendant) |
| Issue | Manufacturer’s duty of care to consumer; negligence liability |
| Key Legal Points | Duty of care, product liability, privity of contract exception |
| Outcome | Manufacturer liable for negligence; consumer protection upheld |
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