Shekhe Gorogosi Jr
Member
- Jun 7, 2012
- 65
- 12
QUESTION
Juma owns a factory in which the relevant process produces chemical fumes which are known to produce chest infections. As is usual in the industry, extractor fans are used which disperse the gases outside the factory. There are in existence chemical 'scrubbers' which would clean up the fumes but these are very expensive and have been adopted by only a few companies.
Richard is a factory inspector who is aware of the new machinery but he reluctantly agrees with Juma that it was not practicable for financial reasons to install them. He ought also to have been aware that a government report had recently discovered that the fumes were more toxic than had previously been thought. Salehe is an employee of Juma who is known to have a weak chest and he suffers injury from the residual fumes left in the factory, and even on the assumption that the fumes were mildly toxic it was likely that he would suffer injury although a normal person would not. And David is a normal man who also suffers damage which was only foreseeable on the basis of the new knowledge about the high toxicity of the fumes.
Discuss the tortious liability, if any, of Juma and Richard.
Juma owns a factory in which the relevant process produces chemical fumes which are known to produce chest infections. As is usual in the industry, extractor fans are used which disperse the gases outside the factory. There are in existence chemical 'scrubbers' which would clean up the fumes but these are very expensive and have been adopted by only a few companies.
Richard is a factory inspector who is aware of the new machinery but he reluctantly agrees with Juma that it was not practicable for financial reasons to install them. He ought also to have been aware that a government report had recently discovered that the fumes were more toxic than had previously been thought. Salehe is an employee of Juma who is known to have a weak chest and he suffers injury from the residual fumes left in the factory, and even on the assumption that the fumes were mildly toxic it was likely that he would suffer injury although a normal person would not. And David is a normal man who also suffers damage which was only foreseeable on the basis of the new knowledge about the high toxicity of the fumes.
Discuss the tortious liability, if any, of Juma and Richard.
