Mustapha v Culligan of Canada Ltd [2008]

Facts

  • The claimant suffered mental injury after seeing the remains of a dead fly in an unopened bottle of water he had purchased
  • No physical injury occurred like in Donoghue v Stevenson [1932]

Issue

  • In what circumstances could recovery for mental injury be allowed; could recovery be allowed on these facts

Decision

  • No liabilty

Reasoning

  • Mental injury must be reasonably foreseeable, in this case it was not
  • The ‘eggshell skull’ rule would only apply if the defendant knew of the specific vulnerability of the claimant, which they didn’t. It would therefore be unreasonable to impose such liability
RELATED CASE  Barrett v Enfield London Borough Council [1999]

Posted in Tort Law Revision Notes.

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