What if a manufacturer knew when selling a hair dye that the client intended to defy the warning and use the dye on persons with skin?

Nova Scotia, Canada


The following excerpt is from Good-Wear Treaders Ltd. v. D & B Holdings Ltd., 1979 CanLII 2675 (NS SC):

The cases cited above might have been relevant if in Holmes v. Ashford the manufacturer had known when selling the hair dye that the hairdresser intended to defy the warning and use the dye on persons with sensitive skin; if in Albert et al. v. Breau et al. the manufacturer had known that the installer of the insulation planned to leave the material uncovered despite the warning; or if in Thomas v. Arvon Products Co., the purchaser had, incredibly, told the seller that he proposed to refrain from passing on the warning to his employees who used the varnish.

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