Court case[1905] 1 KB 608

Frost bought milk from the dairy company, which supplied it daily to his house and advertised the precautions it took to keep its milk pure. The milk contained typhoid germs; his wife drank it, contracted typhoid fever and died. The company showed that the contamination could not have been detected by any process of care then known.

The Court of Appeal held the dairy liable. Milk is bought for drinking; that purpose was made known by the very nature of the transaction and the buyer relied on the dealer's skill. The implied condition is that the goods are reasonably fit for the purpose, and it is no answer that the seller could not have discovered the defect; the obligation is absolute, not a duty of care. Frost recovered damages for the loss he suffered through his wife's death.