Gordon v. M'Hardy [1903] ScotLR 41_129 (12 December 1903)

Gordon v. M'Hardy [1903] ScotLR 41_129 (12 December 1903)

No relevant case of fault or breach of duty was stated against the defender, as there was no averment of knowledge of defect or a duty to inspect unopened tins. The action was therefore dismissed as irrelevant.

Citation
[1903] ScotLR 41_129
Parties
Pursuer/appellant: Adam Gordon; Defender/respondent: Edward M'Hardy
Jurisdiction
Scotland
Judgment Date
12 December 1903
Procedural Posture
Civil (reparation/damages) / Appeal From Sheriff Court, Inner House Second Division
Outcome
action dismissed
Legal Topics
Negligence, Duty of Care, Liability of Retailer, Sale of Food, Reparation
Tort Consumer Protection Negligence Duty of Care Liability of Retailer Sale of Food Reparation

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Parties

Adam Gordon

Pursuer/appellant

Edward M'Hardy

Defender/respondent

Procedural Posture

Civil (reparation/damages) / Appeal From Sheriff Court, Inner House Second Division

Legal Issues

  1. 1 Whether a retailer is liable in damages for selling tinned food in a defective condition resulting in death
  2. 2 Whether the retailer owed a duty to inspect tinned food for defects prior to sale

Ratio Decidendi

No relevant case of fault or breach of duty was stated against the defender, as there was no averment of knowledge of defect or a duty to inspect unopened tins. The action was therefore dismissed as irrelevant.

Court Disposition

action dismissed

Orders

  • action dismissed as irrelevant