## Facts

- A young man purchased an electric light globe from Woolworths Ltd., a retail seller.
- The globe was defectively constructed and, when used in the ordinary way, caused the purchaser to be electrocuted and die.
- The deceased’s parents sued and proceeded at trial on breach of contract (implied warranty), not negligence.
- The jury found the globe was not fit for its purpose and that Woolworths had impliedly warranted fitness for that purpose, which was breached.
- Damages were awarded to the parents for loss arising from their son’s death.
- An intermediate appellate court affirmed the verdict for the parents.
- Woolworths appealed to the High Court of Australia.

## Issues

1. Whether the retail sale carried an implied warranty that the electric light globe was fit for its ordinary purpose, including safe ordinary use.
2. Whether breach of an implied contractual warranty could support recovery of damages connected to the purchaser’s death by his relatives, despite no negligence finding.
3. Whether the damages awarded to the parents were recoverable on a contractual theory where the breach caused death.

## Decision

- The High Court dismissed Woolworths’ appeal and affirmed judgment for the parents.
- The Court upheld the jury’s findings that an implied warranty of fitness applied to the sale and was breached by the dangerously defective globe.
- The Court sustained the damages award based on breach of contract, without requiring proof of negligence.

## Legal Principles

- A seller supplying goods for a known or apparent purpose impliedly warrants the goods are reasonably fit for that purpose.
- “Fitness for purpose” in ordinary consumer use includes that the product will be safe in normal operation; a dangerous defect constitutes breach of the implied warranty.
- Contractual liability for breach of warranty is distinct from tort liability; lack of proven negligence does not defeat a contract-based claim.
- Where breach of an implied warranty causes death, resulting pecuniary loss to relatives may be recoverable through the contractual cause of action.

## Conclusion

The High Court upheld contractual liability against a retailer for a fatal defect in goods, holding that an implied warranty of fitness extended to safe ordinary use and could ground damages associated with the purchaser’s death even absent negligence.


Woolworths Ltd. v. Crotty, 66 C.L.R. 603 (High Ct. Austl. 1942)