16 Questions
What is the main principle that establishes a duty of care between a manufacturer and the final consumer?
Neighbour Principle
Who is considered a 'neighbour' in the context of the Neighbour Principle?
People who are directly affected by one's actions
What is the main requirement for a manufacturer to owe a duty of care to the final consumer?
The product must be intended for consumption by the consumer
What is the purpose of the Neighbour Principle in law?
To establish a duty of care
What is the name of the court case that established the Neighbour Principle?
Heaven v Pender
What was the occupation of the defendant in the Donoghue v Stevenson case?
Drinks manufacturer
What is the circumstance under which a manufacturer owes a duty of care to the final consumer?
When the product is intended to be consumed directly by the consumer
What was the alleged harm suffered by Mrs Donoghue?
Severe gastro-enteritis and shock
What is the main concept behind the Neighbour Principle?
One must take reasonable care to avoid acts or omissions that could reasonably foreseeably injure one's neighbour
What was the reason why Mrs Donoghue could not sue in contract?
There was no contract between her and the manufacturer
What is the main difference between the two ratios mentioned in the text?
One is a narrow definition, and the other is a wide definition
What was the outcome of the appeal in the Supreme civil court in Scotland?
The appeal was allowed
What was the significance of the Donoghue v Stevenson case?
It established the concept of duty of care in tort law
What was the reason why the manufacturer attempted to strike the case out?
The manufacturer claimed that the case disclosed no cause of action
What was the judges' ruling in the House of Lords?
The appeal was dismissed
What was the issue in the Donoghue v Stevenson case?
Whether the manufacturer owed a duty of care to Mrs Donoghue
Study Notes
Donoghue v Stevenson Case Summary
Background
- The case was heard in the House of Lords in the United Kingdom in 1932.
- The judges presiding over the case were Lord Buckmaster and Lord Atkin.
Facts of the Case
- Mrs. May Donoghue, the claimant, consumed a bottle of ginger beer manufactured by Stevenson.
- The bottle contained a decomposing snail, which allegedly caused Mrs. Donoghue to fall sick.
- Mrs. Donoghue sued Stevenson, the manufacturer, for negligence, despite the lack of a contractual relationship between them.
Issue and Sub-Issue
- The main issue was whether the manufacturer owed a duty of care to the consumer without a contractual obligation.
- The sub-issue was whether negligence could be extended beyond physical proximity, allowing duty of care to be owed to someone far away but still affected by the defendant's actions.
Law and Ratio Decidendi
- The court established that a manufacturer owes a duty of care to the final consumer to ensure their products are safe for consumption.
- The "Neighbour Principle" was introduced, which states that one must take reasonable care to avoid acts or omissions that could reasonably foreseeably injure one's neighbour.
- The ratio decidendi was two-fold:
- One must take reasonable care to avoid acts or omissions that could reasonably foreseeably injure one's neighbour.
- A manufacturer owes a duty of care to consumers when selling products intended to be consumed directly by them, without any possibility of intermediate examination, and where there is a foreseeable risk of harm if reasonable care is not taken.
Significance
- The case established negligence as a tort, even without a contractual agreement between the parties.
- The "Neighbour Principle" has since been widely applied in negligence cases.
Test your knowledge on the landmark case of Donoghue v Stevenson, a significant tort law case in the UK. Understand the facts, procedural history, and importance of this case. Assess your prep and understanding of this famous case
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