Capacity To Sue : HAS THE MATTER AFFECTED YOUR INTEREST ? OR INJURED YOUR PRIVATE RIGHT? *A buys a Car from B, not knowing the car is faulty. C , who is As mere friend, hears this and sues B. Court states : C CANNOT bring action ! C has NO SPECIAL INTEREST IN IT ! The transaction does not affect / concern him * X, a producer of a Dimca Drink, authorises / sells the drink to Y, a retailer. Z, a mere Consumer, buys the drink from Y . Z finds poison inside the drink, .....Z now sues X. Court states : Z CAN BRING ACTION ! Hear the Supreme Court Of Nigeria In Year 2004 : Where A Person Is Injured From A Transaction Arising From The Contract Of Two Persons, The Third Party [ i.e the Consumer ] Is Not Prevented From Bringing Action, ....... It Is Not Because There Was A Contract ..... But Because The Defendant [ Producer ] Had Impliedly Undertaken Not To Injure The Plaintiff [ the Third Party].........the Obligation Towards The Contracting Party Extends To All persons Who Are Likely To Be Injured By The Acts Or Omissions Of The Defendant [ Producer]......... ....They [ Producer, Retailer, Consumer ]Are Neighbours In Contemplation ! ......
Posted on: Mon, 03 Mar 2014 05:38:54 +0000
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