In Re Bassett: Difference between revisions

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===What didn’t happen===
===What didn’t happen===
The case did not concern the ministrations of a domesticated (“'''[[mansuetae naturae]]'''”), yet flatulent, dog. On his collar he carried a warning “Careful: this dog will eat your sandwich and actually any other part of your picnic if you let it even the scotch eggs. He loves Scotch eggs. But they make him fart so. If it not nice when he farts. You will not enjoy it. No-one but the dog will enjoy it. PLEASE DO NOT LET THIS DOG HAVE YOUR SCOTCH EGGS.”
The case did not concern the ministrations of a domesticated (“'''[[mansuetae naturae]]'''”), yet flatulent, dog. On his collar he carried a warning:
:“''Careful: this dog will eat your sandwich and actually any other part of your picnic if you let it even the scotch eggs. He loves Scotch eggs. But they make him fart so. If it not nice when he farts. You will not enjoy it. No-one but the dog will enjoy it. PLEASE DO NOT LET THIS DOG HAVE YOUR SCOTCH EGGS.''


The reference to the dog’s flatulence was not in capitals. The plaintiff, an itinerant picnicker who encountered the dog by a lakeside summer camp in [[New Hampshire]], allowed the dog to scarf some surplus scotch eggs. The plaintiff brought suit for permanent damage to her eyesight inflicted by series of pungent, canine Bronx cheers. It evidence it transpired the plaintiff had seen the collar warning, but had not read it properly.  The defendant claimed the disclaimer was effective. The question came down to whether the warning was sufficiently “[[conspicuous]]”.  
The reference to the dog’s flatulence was not in capitals. The plaintiff, an itinerant picnicker who encountered the dog by a lakeside summer camp in [[New Hampshire]], allowed the dog to scarf some surplus scotch eggs. The plaintiff brought suit for permanent damage to her eyesight inflicted by series of pungent, canine Bronx cheers. It evidence it transpired the plaintiff had seen the collar warning, but had not read it properly.  The defendant claimed the disclaimer was effective. The question came down to whether the warning was sufficiently “[[conspicuous]]”.