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Mustapha v Culligan of Canada Ltd [2008]


  • 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]


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


  • No liabilty


  • 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
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