LAWS 10052 – Laws & Ethics
Under TORT LAW, determine liability, if any, for each of the following cases:
In Good Wear Treaders Ltd. V. D & B Holdings Ltd.14, Good-Wear sold retreaded tires to Pash knowing
that Pash intended to mount the tires on the front wheels of a truck for which they were not suitable.
Good-Wear knew that the business carried on by Pash would impose greater loads on the tires than the
tires were capable of bearing safely and, that the truck would be driven on public highways. One of the
tires failed on the highway causing an accident, which demolished an oncoming car killing three of its
A prisoner in a cell set a fire that spread through the short term holding facility killing 21 prisoners. The
defendant, Chubb, designed and supplied the materials for the facility including shock absorbent
padding for the cell walls, which it covered with a heavy reinforced material. The combustion of the
padding produced dense black smoke, hampering rescue efforts. The evidence supported the
contention that the fire resulted from an open flame. Chubb argued that it was not foreseeable that a
prisoner with both the means and inclination to get through the outer covering and ignite the padding
would be placed in a padded cell by the police.
In Rae v. T Eaton Co. (Maritimes) 17, a child was playing with a discarded can containing artificial snow.
When the nozzle of the can became clogged, the child resorted to banging the can against a concrete
wall. The can exploded, and the child’s eye was badly injured and had to be removed.
READ CHAPTERS 1 & 2
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