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.
If the conditions are complied with, the defendant will owe a non-delegable duty and therefore be concurrently liable for the negligence of another. This article is a topic within the subject Torts. non-delegable duty arises when the defendant has some sort of responsibility over the defendants. Examples of such relationships include: 1  Employer/employee. 2  Hospital/patient.