Facts
The plaintiff Winterbottom had been contracted by the Postmaster-General to drive a mail coach supplied by the Postmaster. The defendant Wright had been contracted by the Postmaster to maintain the coach in a safe state. The coach collapsed while Winterbottom was driving and he was injured. He claimed that Wright had "negligently conducted himself, and so utterly disregarded his aforesaid contract and so wholly and negligently failed to perform his duty in this behalf."
In Winterbottom v. Wright, the court held that the plaintiff had no redress. It held that since the defendant had a duty of care in contract it could not also have a duty of care in tort. Therefore, as the industrial revolution developed in the 19th century, manufacturers owed no duty of care to consumers. Similar social engineering saw the courts in that era shield employers from actions by injured workers.
The principle of Winterbottom meant that consumers who were injured by defective products in the 19th century had no action against the defective product's manufacturer.
Read more about this topic: Winterbottom V Wright
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