Trade dress can consist of such elements as size, shape, color and texture, to the extent that such elements are not functional. In many countries, trade dress is referred to as âget-upâ or âproduct design.â.
The contributory. negligence of a child was (as it was for an adult before 1945) a complete defence. While children under the age of about 4 were not expected to exercise care for. themselves as if adults, the fault could then transfer to the parent or guardian, whose.
However, just because a party owes a non-delegable duty does not mean that they are liable for any and all injury or damage suffered. In this case the Court was faced, for the first time, with the issue of whether a non delegable duty is owed for an intentional (and criminal) act.Like Introvigne, all of the previous cases decided on the point involved negligence.t is more than a duty to take care, it is a duty to ensure that reasonable care is taken. In other words, a party that owes a non-delegable duty cannot delegate it to a third person. In reaffirming this point, the Court referred to its decision in Commonwealth v Introvigne (1982) 150 CLR 258.