Philosophy 2821F/G Study Guide - Final Guide: Ginger Beer, Gastroenteritis, Fide
25 Apr 2015
School
Department
Course
Professor
Document Summary
Defendant: wright contracted by postmaster general to provide and maintain the mail coaches. Terms of contract: obligated to maintain the coaches and keep in good working condition. Atkinson: an employer of coach drivers (contract with pmg) Winterbottom is driving, the coach falls apart, he becomes lame for life reason: poor coach maintenance/defects in manufacturing of coach sues wright. Court: no, privity of contract because winterbottom is outside the contract of wright and the pmg (no legal relationship or right) wright failed to do what he promised to do but he didn"t promise it to. The floodgates argument: if you can let someone who is two steps away from a contract why not let someone who is fifty steps away. Example case: railroads rhetorical claim: the liability would be intolerable and limitless to the manufacture, potential burden would cause a detrimental impact: potential injustice. There was a half decomposed snail in a ginger beer (opaque bottle)
