Top Left Background Top Right Background
Bottom Right Background

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
Goto Top
Close Notification

Recent News

Other News