Q: can tort of negligence be applied to third party?
Jag was going to have a barbeque party in his garden to celebrate his 40th birthday. He discovered the gas barbeque needed more gas so he phoned the usual supplier, Ed, who said he would deliver two bottles ‘on the usual terms’ as he has just a delivery from the manufacturer. These ‘usual terms’ include at delivery Jag signing a sales form which has printed on it in large letters,
‘your bottled gas supplier is not responsible for any loss or damage caused by any products sold’.
Unfortunately, one of the gas bottles had a leak in it and when Jag lit the barbeque some leaking gas ignited shooting flames on to the garden shed causing it to catch fire and explode. Additionally, Jag’s cousin, Sabba, who was standing very close to the barbeque smoking cigarette, suffered severe burns to her upper body.
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