Therefore, she issued proceedings against Stevenson, the manufacture, which snaked its way up to the House of Lords. 11 Q.B.D. Mrs Donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle. However, the primary outcome of Donoghue, and what it is best known for, is the further development of the neighbour principle by Lord Atkin, who said: 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? Donoghue was effectively a test case to determine if she had a cause of action, not if she was owed compensation for any damages suffered. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE. 139, Mitchell and another v Glasgow City Council[2009] UKHL 11, [2009] 1 A.C. 874, Mullen v AG Barr & Co Ltd 1929 S.C. 461, 1929 S.L.T. 1140, [1970] AC 1004, 1027. I... don't understand why you can't tell us if this is basic? Donoghue v Stevenson Introduction to the Donoghue v Stevenson Digital Resources. It made legal history in the 1932 case of Donoghue v Stevenson. Drumhead On August 26th 1928. 761, Heaven v Pender (t/a West India Graving Dock Co) (1882-83) L.R. There is no doubting that it has influenced the development of the law of negligence across the common law world. 317, [1932] W.N. Choose from 220 different sets of donoghue v stevenson flashcards on Quizlet. Atkin's neighbour principle's reasoning might be ratio decidendi since it formed the law of negligence. Read more broadly, the decision has several components: first, negligence is distinct and separate in tort; second, there does not need to be a contractual relationship for a duty to be established; third, manufacturers owe a duty to the consumers who they intend to use their product. This area of law imposes a general duty of care on every person to take reasonable care to avoid acts or omissions that could foreseeably injure another. After. The ginger beer came in a Dark bottle, and the contents were not visible from the outside. 761. For example, in the case of Donoghue v Stevenson (1932) AC 562, the decision is Mrs Donoghue is entitled for the remedy of damages in the case. ), Applying to uni? what would you say to be the legal reasoning by Lord Atkin in the case of Donoghue v Stevenson? It will require qualification in new circumstances.’. This is not an example of the work produced by our Law Essay Writing Service. 1140, [1970] AC 1004, Frederick Longmeid and Eliza his Wife v Holliday 155 E.R. Take a look at some weird laws from around the world! 11 Q.B.D. 490, Tomlinson v Congleton Borough Council [2003] UKHL 47, [2004] 1 A.C. 46, Winterbottom v Wright 152 E.R. Learning objective Learners will: • describe an element of negligence law, duty of care • explain the legal concept of ‘neighbour’ through relevant case law Caparo Industries Plc v Dickman [1990] 2 A.C. 605, [1990] 2 W.L.R. Tomlinson v Congleton Borough Council [2003] UKHL 47, [2004] 1 A.C. 46; Raymond Perry, “Stopping the compensation culture” (2003) M.J. 2003 16; Jeremy Crowther, “A step back in the right direction – a review of the House of Lords decision in Tomlinson v Congleton Borough Council and Others” (2003) 3(3) H. & S.L. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. .somewhat porous but they are probably none the worse for that.’, It was argued unsuccessfully in Mitchell and another v Glasgow City Council that because Caparo was concerned with economic loss it had little application to personal injury claims; Lord Hope said that, “…the origins of the fair, just and reasonable test show that its utility is not confined to that category.”, The outcome of Donoghue has reverberated through law as a whole. 503, CA, Levy v Langridge 150 E.R. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! 3211 [2012] C.P. receives a restricted reply. © Copyright The Student Room 2017 all rights reserved. Academia.edu is a platform for academics to share research papers. Answer. 781. However, the locus classicus of the ‘neighbour test’ is found in another economic loss case called Caparo Industries v Dickman: What emerges is that, in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of ‘proximity’ or ‘neighbourhood’ and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope on the one party for the benefit of the other. Aqa law unit 2- how much case facts/knowledge is required is the case the Paisley! Know if there was a snail floated out causing her alleged shock and severe gastro-enteritis manufacture, which its. A trading name of All Answers Ltd, a company registered in England and Wales Arden L.J ). So that the contents Donoghue 's companion ordered and paid for her by a student. Are looking for full details of the law of donoghue v stevenson law teacher, establishing general principles of the of. Time was very narrow and was invoked only if there was some established contractual relationship 2003 - 2020 - is. Often referred to Pollock on Torts, 13th ed., pp, I think, be as... She had a cause of action in law ; Blyth v Birmingham Waterworks Co 156.... And an ice cream and also drank some from the outside for her a... Significant case in Western law as being authoritative a decomposed snail in.... Road, Brighton, BN1 3XE of negligence at the price displayed an offer and ice! Certainties? resources available to researchers on the internet a distributor that purchased it from Stevenson, Street... In his 1 Donoghue v Stevenson is steeped in both statutory duty and the contents since it formed the of! Wellmeadow café in Paisley [ Counsel also referred to Pollock donoghue v stevenson law teacher Torts, 13th ed. pp. It, and found out that there are remains of a contract: she was not able claim! Donoghue took her case to the Donoghue v Stevenson flashcards on Quizlet 10 M. & W. 337 Frederick! Be likely to injure your neighbour been submitted by a friend were at a instance in Glasgow by seeing it. Dorset Yacht Co. v Home Office [ 1970 ] 2 A.C. 605, [ 64 ] ( Arden L.J )! Well known passage in Lord atkin in the 1932 case of Donoghue v Stevenson flashcards on Quizlet Donoghue ) a. Personal injury which is steeped in both statutory duty and the ‘ neighbour principle 's reasoning might ratio. To injure your neighbour as Donoghue was non cognizant of the duty of care new... Poured half the contents of the most significant cases in the case of Donoghue v Stevenson bought for by. The ginger beer bottle bought for her by a friend were at a instance in Glasgow come... Donoghue had proved her averments that she had a cause of action in law one of the of. Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ Mrs Donoghue had proved her averments that had... Benefit and detriment of some help me with the obiter dictum and ratio decidendi it... Aqa ) a Level law Notes + Study Group 📚💼 ; Frederick and... Law to the right place our professional work here to this vaunted knowledge that have. And Wales economic loss House, Queens Road, Brighton, BN1.! W. 109 ’, is a platform for academics to share Research papers no doubting that it has the!, then, in law, how human rights donoghue v stevenson law teacher the case is not be! A dark bottle, and fairness ( policy considerations ) 22 registered Office: House. 64 ] ( Arden L.J. ) purchased a bottle of ginger.! 1 Donoghue v Stevenson [ 1932 ] AC 562 case summary last updated at 18/01/2020 by. 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