McLaren v Clarke Petrous Ltd. and Another - [1964] NZLR 283

Master and servant — Employer's liability — Equipment bought by employer from reputable seller for use by employees — Patent defect in such equipment — Employer failing to inspect such equipment at time of purchase and from time to time thereafter — Employee injured as a result of defect — Whether employer liable in damages — Whether protected by implied warranty.

Negligence — Master and servant — Equipment bought by employer from reputable seller for use by employees — Patent defect in such equipment — Employer failing to inspect such equipment at time of purchase and from time to time thereafter — Employee injured as result of defect — Whether employer liable in damages — Whether protected by implied warranty.

Sale of Goods — Implied warranty — Equipment bought by employer for use by employees — Patent defect in such equipment — Purchaser failing to inspect at time of purchase or from time to time thereafter — Whether implied warranty protecting purchaser from liability to employee injured as result of defect — Sale of Goods Act 1908, s. 16 (a).