Facts: The plaintiff contracted acute dermatitis after wearing underwear which contained a chemical irritant the manufacturer negligently had failed to remove during the process of manufacture.
Held: The manufacturer was found liable to the plaintiff in tort and the retailer, from whom the plaintiff had purchased the goods, was found liable to the plaintiff in contract. Lord Wright observed: “no question of negligence is relevant to the liability in contract.” and more generally noted, “The tort liability is independent of any question of contract.”