Law and change: Scottish legal heroes
Law and change: Scottish legal heroes

Start this free course now. Just create an account and sign in. Enrol and complete the course for a free statement of participation or digital badge if available.

Free course

Law and change: Scottish legal heroes

3.4 Australia

As early as 1936, only four years after the decision in Donoghue, the concept of negligence was further expanded in the Australian case of Grant v Australian Knitting Mills [1936] AC 85. In this case the manufacturers failed to remove a chemical irritant from their woollen underwear. Grant, upon wearing the undies, contracted dermatitis. He then sued Australian Knitting Mills for damages.

The Court used Donoghue as a persuasive precedent and expanded the legal principles established in Donoghue to include all manufacturers. It also clearly set out the elements necessary to prove in order for an action in negligence to be successful. The court stated that it must be shown:

  • that a duty of care was owed by the defendant to the pursuer (claimant)
  • there was a breach of that duty owed through the pursuer not acting to the standard expected
  • that damage was suffered as a result of that breach.
WXM151_4

Take your learning further

Making the decision to study can be a big step, which is why you'll want a trusted University. The Open University has 50 years’ experience delivering flexible learning and 170,000 students are studying with us right now. Take a look at all Open University courses.

If you are new to University-level study, we offer two introductory routes to our qualifications. You could either choose to start with an Access module, or a module which allows you to count your previous learning towards an Open University qualification. Read our guide on Where to take your learning next for more information.

Not ready for formal University study? Then browse over 1000 free courses on OpenLearn and sign up to our newsletter to hear about new free courses as they are released.

Every year, thousands of students decide to study with The Open University. With over 120 qualifications, we’ve got the right course for you.

Request an Open University prospectus371