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Report No. 111

4.4. Australian case.-

In an Australian case arising under substantially similar legislation, a mother recovered for the death of her son who was electrocuted by a defective light bulb purchased by him from defendants. Negligence on the part of the retailers could not be established, but there was breach of implied warranty of fitness which could have conferred a right of action on the deceased.1

1. Woolworths v. Crotty, (1942) 66 CLR 603 (High Court of Australia).

The Fatal Accidents Act, 1855 Back

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