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.
Legal background. âDuty of careâ is an element of the tort of negligence. In broad terms, the law of negligence provides that if a person suffers injury as the result of the negligence of another, they should be compensated for the loss and damage which arises from the negligent act or omission.egal background. âDuty of careâ is an element of the tort of negligence. In broad terms, the law of negligence provides that if a person suffers injury as the result of the negligence of another, they should be compensated for the loss and damage which arises from the negligent act or omission.