Marclusajo owns a factory in which the relevant process produces
chemical fumes which are known to produce chest infections. As is
usual in the industry, extractor fans are used which disperse the
gases outside the factory. There are in existence chemical
‘scrubbers’ which would clean up the fumes but these are very
expensive and have been adopted by only a few companies.

Micahlugano is a factory inspector who is aware of the new
machinery but he reluctantly agrees with Marclusajo that it was not
practicable for financial reasons to install them. He ought also to
have been aware that a government report had recently discovered
that the fumes were more toxic than had previously been thought.
Salehe is an employee of Marclusajo who is known to have a weak
chest and he suffers injury from the residual fumes left in the
factory, and even on the assumption that the fumes were mildly
toxic it was likely that he would suffer injury although a normal
person would not. And David is a normal man who also suffers damage
which was only foreseeable on the basis of the new knowledge about
the high toxicity of the fumes. Discuss the tortious
liability, if any, of Marclusajo and
Micahlugano.