The Case of Donaghue V

question 41

Essay

The case of Donaghue v. Stevenson represented a dramatic change in the law regarding defective products. Discuss the similarities and differences between the legal principles established by this case and the operation of modern legislation in this area.
D. v. S., an injured consumer may sue a manufacturer for damages suffered
- Under federal legislation (Food and Drugs Act and Hazardous Products Act), strict liability and penalties are imposed on manufacturers in breach of the Acts' provisions
- The purpose of the legislation is to protect the public from harm but not to compensate injured consumers, its role being regulatory as well as criminal
- Manufacturers may be required to pay penalties for breaches of the legislation whether any injury occurred or not

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Definitions:

U-500 Insulin

A highly concentrated form of insulin used to control high blood sugar in people with diabetes, particularly when high doses are needed.

Tuberculin Syringe

A small syringe used for administering tuberculin tests, typically holding 0.5 to 1 ml of fluid.

Phenytoin

An anticonvulsant medication used to treat and prevent seizures by reducing electrical conductance among brain cells.

Trough Level

The lowest concentration of a drug remaining in the body just before the next dose is due, usually measured to ensure therapeutic levels are maintained without reaching toxicity.