면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Food Safety & Standards
House of Lords
1974

Smedleys Ltd v Breed

[1974] AC 839

판결 이유

Food safety offences are strict liability. The presence of extraneous matter (a caterpillar in a tin of peas) constitutes an offence regardless of the manufacturer's care, subject to the statutory defences.

사실관계

A consumer found a caterpillar in a tin of peas manufactured by Smedleys. The company was prosecuted despite having extensive quality control procedures.

판결 요약

The House of Lords held that the offence was committed regardless of the company's care. However, the statutory defence was available where all reasonable precautions had been taken.

주요 인용문

"The Act imposes strict liability for food safety offences, subject to the statutory defences."

Lord Hailsham

후속 처리

Applied

Applied in subsequent food contamination prosecutions.