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The mane line

27 February 2013 / Max Weaver
Issue: 7550 / Categories: Opinion
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What remedy, if any, might be available to consumers duped into eating horsemeat? Max Weaver investigates

It will be difficult for consumers to prove who deceived them into eating horsemeat or that they have suffered detriment. Contract law is unlikely to assist as many consumers will not be parties to a relevant contract. In tort, even when the defendant has acted intentionally, there is a reluctance to give a remedy for mere offence or distress and no tangible harm has been caused.

Public policy is often described as an “unruly horse”, following Borough J in Richardson v Mellish (1824) 2 Bing 229, [1824–34] All ER Rep 258, 266. It raises fears of the cavalier (or chevalier) imposition of liability. While in the current food scandals no significant health threat has yet emerged, meat products have been found to contain pork and horsemeat. Some involuntary consumers are offended or upset at being deceived into eating food that their religion prohibits or animals that they regard as too domesticated to eat. The risk was not merely

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Muckle LLP—Rachael Chapman

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Freeths—Louise Mahon

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One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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