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Questions and Answers
What was the unusual contents of the bottle of ginger beer consumed by May Donoghue?
What was the unusual contents of the bottle of ginger beer consumed by May Donoghue?
Who did May Donoghue sue for negligence?
Who did May Donoghue sue for negligence?
What principle was introduced by Lord Atkin's judgement in the Donoghue v Stevenson case?
What principle was introduced by Lord Atkin's judgement in the Donoghue v Stevenson case?
What is the 'neighbour' in the context of the neighbour principle?
What is the 'neighbour' in the context of the neighbour principle?
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What is the significance of the Donoghue v Stevenson case in tort law?
What is the significance of the Donoghue v Stevenson case in tort law?
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What test is used to determine whether a duty of care was breached in the context of the Donoghue v Stevenson case?
What test is used to determine whether a duty of care was breached in the context of the Donoghue v Stevenson case?
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Study Notes
Donoghue v Stevenson (1932)
Facts of the Case
- May Donoghue consumed a bottle of ginger beer at a cafe in Paisley, Scotland
- The bottle contained a decomposed snail
- Donoghue claimed to have suffered personal injury and distress as a result
- She sued the manufacturer, Mr. Stevenson, for negligence
Judgement and Significance
- The House of Lords ruled in favor of Donoghue, establishing a duty of care towards the ultimate consumer
- Lord Atkin's judgement introduced the "neighbour principle" which states that:
- One must take reasonable care to avoid acts or omissions which can reasonably be foreseen to injure one's neighbour
- "Neighbour" includes anyone who is so closely and directly affected by one's act that one ought reasonably to have them in contemplation as being affected
Key Principles Established
- Manufacturers have a duty of care towards the ultimate consumer
- The principle of proximity is applicable in determining duty of care
- The "reasonable person" test is used to determine whether a duty of care was breached
Impact on Tort Law
- Donoghue v Stevenson expanded the scope of negligence in tort law
- The case established a precedent for manufacturers' liability towards consumers
- The "neighbour principle" has been applied in various areas of law, including negligence, nuisance, and occupiers' liability
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Description
Test your knowledge on the influential Donoghue v Stevenson case, which established a duty of care towards consumers and introduced the 'neighbour principle' in tort law. Learn about the facts, judgement, and significance of this landmark case.
