Questions and Answers
What was the significant evolution in the common law regarding tort and delict?
Moving from strict liability based upon direct physical contact to a fault-based system
In the Letang v Cooper case, why were actions recommended to be pleaded in negligence alone?
To focus on fault rather than direct physical contact
What did May Donoghue find in her drink that led to her seeking medical treatment?
A decomposed snail
Who was the manufacturer of the ginger beer that May Donoghue consumed at the Wellmeadow Café?
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What legal action did May Donoghue take against the ginger beer manufacturer?
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What was the outcome of the Donoghue v Stevenson case?
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What relationship did the court establish between consumers and product manufacturers in the Donoghue v Stevenson case?
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What is the common nickname for the Donoghue v Stevenson case?
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What principle did Donoghue v Stevenson establish in law that was not previously recognized?
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Why was Mrs. May Donoghue able to sue Mr. Stevenson despite not suffering direct physical harm?
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Study Notes
Evolution of Tort and Delict
- A significant evolution in the common law occurred regarding tort and delict, particularly in the concept of negligence.
Letang v Cooper Case
- In the Letang v Cooper case, actions were recommended to be pleaded in negligence alone, indicating a shift towards a more modern approach to tort law.
May Donoghue's Case
- May Donoghue found a decomposed snail in her drink at the Wellmeadow Café, which led to her seeking medical treatment.
Manufacturer of the Ginger Beer
- The manufacturer of the ginger beer that May Donoghue consumed was Mr. Stevenson.
Legal Action
- May Donoghue took legal action against Mr. Stevenson, the manufacturer of the ginger beer.
Outcome of Donoghue v Stevenson
- The outcome of the Donoghue v Stevenson case established a new precedent in law, holding manufacturers liable for the harm caused by their products.
Relationship between Consumers and Manufacturers
- The court established a direct relationship between consumers and product manufacturers, making manufacturers responsible for the well-being of their consumers.
Common Nickname
- The Donoghue v Stevenson case is commonly known as the "Snail in the Bottle" case.
Principle Established
- Donoghue v Stevenson established the principle of "duty of care" in law, recognizing that manufacturers have a responsibility to ensure the safety of their products.
Liability for Harm
- Mrs. May Donoghue was able to sue Mr. Stevenson despite not suffering direct physical harm because the court recognized that the manufacturer's negligence had caused her harm and distress.
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