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.
J Warren Jones. 1  Negligence was not recognised as a separate tort (wrong) until 1932. 2  Case law has allowed the development of a duty of care to include healthcare professionals. 3  The Bolam test which was formulated by a high court judge in 1957 has guided the courts as to the standard of care in medical negligence cases.