Donoghue v Stevenson AC 562 Case
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Questions and Answers

What was the significant evolution in the common law regarding tort and delict?

  • Moving from fault-based system to strict liability
  • Allowing joint pleading in trespass and negligence
  • Moving from injury-based system to strict liability
  • Moving from strict liability based upon direct physical contact to a fault-based system (correct)
  • In the Letang v Cooper case, why were actions recommended to be pleaded in negligence alone?

  • To simplify the court proceedings
  • To make the legal process easier
  • To avoid strict liability claims
  • To focus on fault rather than direct physical contact (correct)
  • What did May Donoghue find in her drink that led to her seeking medical treatment?

  • A piece of glass
  • A cigarette butt
  • A decomposed snail (correct)
  • A rusty bottle cap
  • Who was the manufacturer of the ginger beer that May Donoghue consumed at the Wellmeadow Café?

    <p>David Stevenson</p> Signup and view all the answers

    What legal action did May Donoghue take against the ginger beer manufacturer?

    <p>Issued a writ claiming damages</p> Signup and view all the answers

    What was the outcome of the Donoghue v Stevenson case?

    <p>The House of Lords ruled in favor of Mrs. May Donoghue.</p> Signup and view all the answers

    What relationship did the court establish between consumers and product manufacturers in the Donoghue v Stevenson case?

    <p>A sufficiently proximate relationship</p> Signup and view all the answers

    What is the common nickname for the Donoghue v Stevenson case?

    <p>The Paisley Snail</p> Signup and view all the answers

    What principle did Donoghue v Stevenson establish in law that was not previously recognized?

    <p>A new type of liability not dependent on recognized tort claims</p> Signup and view all the answers

    Why was Mrs. May Donoghue able to sue Mr. Stevenson despite not suffering direct physical harm?

    <p>It was reasonably foreseeable that failure to ensure product safety would lead to harm.</p> Signup and view all the answers

    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.
    • 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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    Description

    Explore the landmark court decision in the Donoghue v Stevenson AC 562 case, which established the modern law of negligence in common law jurisdictions. Learn about the background, significance, and implications of this influential case in Scots delict law and English tort law.

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