What was the issue in Donoghue v Stevenson?
Manufacturers have a legal duty of care to the ultimate consumers of their products if it is not possible for defects to be identified before the goods are received. Donoghue v Stevenson [1932] UKHL 100 was a landmark court decision in Scots delict law and English tort law by the House of Lords.
What was the decision in Donoghue v Stevenson?
Decision/Outcome of Donoghue v Stevenson The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer’s question, Who is my neighbour?
Which Australian case first adopted the principle from Donoghue v Stevenson that manufacturers owe a duty of care to the users of their products?
The classic case of the decomposing snail in the ginger beer is one of the first judgments law students learn about – and one of the few that most remember throughout their career. Donoghue v Stevenson laid the foundation for the modern law of negligence and established the principles of the duty of care.
What happened in the nettleship v Weston case?
Legal principle: The court held that the standard of care expected of the reasonable man would not be lowered because the defendant was a learner, the civil law permits no such excuse. The defendant would still be compared to a reasonably competent driver, and accordingly she had breached her duty of care.
What happened to Mrs Donoghue?
Mrs Donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle. After eating part of the ice cream, she then poured the remaining contents of the bottle over the ice cream and a decomposed snail emerged from the bottle. Mrs Donoghue suffered personal injury as a result.
Who created the Neighbour principle?
Lord Atkin
Quick Reference. A principle developed by Lord Atkin in the famous case of Donoghue v Stevenson [1932] AC 562 (HL Sc) (Snail in the Bottle case) to establish when a duty of care might arise.
Why is Donoghue v Stevenson interesting?
Donoghue v Stevenson is the landmark case in tort law. The wider importance of the case is that it established the general principle of the duty of care concept in law. The test was formulated by Lord Atkin and it is generally referred to as the “neighbour test” or “neighbour principle”.
What was the law of negligence before Donoghue v Stevenson?
Before Donoghue v Stevenson , it was held that a duty of care only existed in specific circumstances – such as between two contractually obliged parties, or where a manufacturer was producing inherently dangerous products.
Why was there no breach of duty in Mullins v Richards?
In this case, a reasonable 15-year-old would not have foreseen any injury arising from the pair’s game, and so would not have taken any additional steps to safeguard the claimant from harm. Accordingly, the defendant acted as a reasonable child would, and was not in breach.
Do drivers owe a duty of care to passengers?
Drivers owe a duty of care to their passengers just as much as they do to other users of the highway – whether this be to other drivers or pedestrians. One of the main things to know is that, as a passenger in a collision, you probably have a guaranteed claim for personal injury compensation.
What did Donoghue sue for?
Donoghue sought £500 in damages from Stevenson for shock and gastroenteritis that she believed were caused by the incident. The case found its way to the House of Lords to decide if a duty of care existed. In May 1932, the Law Lords issued their judgement.
Is Donoghue v Stevenson still important?
Almost a century on, the case of Donoghue v Stevenson [1932] AC 562 remains an important landmark decision in English tort law. This case established the modern doctrine of negligence as we now know it, including what’s widely referred to as the ‘neighbour principle’.
What was the case of Donoghue v Stevenson?
Case Summary of Donoghue v Stevenson [1932] A.C. 562, [1932] UKHL 100, 1932 S.C. (H.L.) 31, 1932 S.L.T. 317, [1932] W.N. 139.The doctrine of negligence INTRODUCTION Donoghue, a Scottish dispute, is a famous case in English law which was instrumental in shaping the law of tort and the doctrine of negligence in particular.
What is the Donoghue case?
Donoghue, a Scottish dispute, is a famous case in English law which was instrumental in shaping the law of tort and the doctrine of negligence in particular.
Does Stevenson owe Donoghue a duty of care?
Whether or not Stevenson owed Donoghue a duty of care in the absence of a contractual relationship between them. Donoghue argued that Stevenson owed a duty of care to his customers who were to consume his ginger beer, to have an effective system to clean his bottle and keep it away from snails.
What did Mrs Donoghue do with the bottle of beer?
The friend brought her a bottle of ginger beer and an ice cream. The ginger beer came in an opaque bottle so that the contents could not be seen. Mrs Donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle.