LGLS 10a Lecture Notes - Lecture 3: Soda Syphon, Strong Poison
5 Nov 2016
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Only parties privy to the contract may sue for damages: elements of the case, formation of the privity of contract or privity rule, where only parties privy to the established contract may sue for damages on the contract. Only berry had a contract with the lawyers: elements of the case, privity of contract stays strong, the court does not find meaningful evidence to create an exception to the rule. Thomas vs winchester (1849: plaintiff thomas, thomas buys extract of dandelion prescribed and sold by doctor in upstate new. Wife becomes gravely sick: doctor ford tests the product and realizes the product was belladonna, a strong poison. That the flywheel, while its nature is not dangerous like belladonna, was made dangerous under the possession of the defendant: defendant litchfield, privity of contract, there was no contract between loop and litchfield. Loop borrowed the product from collister and collister bought the product from.
