253 Questions
What was the outcome of the Donoghue v Stevenson case?
The House of Lords ruled that the manufacturer owed a duty of care to Mrs. Donoghue.
What concept did the Donoghue v Stevenson case create?
Concept of negligence
Why was Mrs. Donoghue required to claim damages for negligence instead of on the basis of a contract of sale?
She had no contractual relationship with the manufacturer.
What did Ansell v Waterhouse establish in 1817?
Legal liability could arise for an act or omission contrary to the duty cast by law in a particular case.
What legal concept was created by the Donoghue v Stevenson case?
Duty of care
What is another name for the Donoghue v Stevenson case?
The Paisley snail case
In what location did the incident leading to the Donoghue v Stevenson case occur?
Paisley, Renfrewshire
Why did Donoghue have to claim damages for negligence instead of through a contractual relationship?
All of the above
What was the key precedent case for Donoghue in the Court of Session?
Mullen v AG Barr & Co Ltd
Who was successful in claiming compensation in the Mullen v AG Barr & Co Ltd case?
Jeanie Oribine
What was the majority ruling in the Court of Session regarding the claimants' argument about negligence?
Negligence could not be inferred from the presence of dead mice
Who dissented from the majority ruling in the Court of Session?
Lord Hunter
What did Donoghue's counsel argue regarding manufacturers' duty of care to ultimate consumers?
Duty of care applies if goods cannot be examined before use
Who commented that the problem discussed in the Court of Session was important due to its bearing on public health?
Lord Atkin
When is a manufacturer under a duty to make a dangerous product carefully?
When the product will be used by persons other than the purchaser
According to Lord Atkin's concept, what does the law enforce in relation to breaching a contract?
The action for breach of contract
What does Lord Atkin doubt about the whole law of tort?
Whether it can be comprised in the golden maxim
According to Lord Justice MacKinnon, what was proven about Donoghue and the snail?
It was proven that Donoghue did not find a snail in the bottle
What legal myth did Chapman suggest was established about Donoghue's case?
The existence of a snail in the bottle
Why is it generally held that what happened in the Wellmeadow Café is not proven?
Because Donoghue's factual claims were never tested in court
What did Lord Atkin endorse concerns about?
The liability of manufacturers in product accidents
What did Lord Atkin's broader test of liability potentially allow according to the text?
Injured individuals to claim compensation from any manufacturer
What did Robert Heuston suggest the case supports?
Claims there can be duties in tort even if there is a contract
What did Lord Normand suggest about Lord Atkin's neighbour principle?
It was the ratio decidendi of Lord Atkin's judgment
What was Donoghue required to prove in the hearing scheduled for January 1933?
The factual elements of her case, including the presence of a snail in the ginger beer
What happened to Stevenson before the scheduled hearing in January 1933?
He passed away
How was the claim between Donoghue and Stevenson settled?
It was settled out of court in December 1934
Where did Donoghue move to after her son married in 1937?
156 Jamieson Street
How did Donoghue revert to using her maiden name?
She adopted her mother's maiden name and her daughter's first name
What happened to Stevenson's business after his death?
It was taken over by his wife and son and became a limited company, later sold by the family
What happened to The Wellmeadow Café where the snail had been found?
It closed around 1931 and was demolished in 1959
What is the neighbour principle mentioned in the text?
The concept that people must take reasonable care not to injure others who could foreseeably be affected by their action or inaction
Who first mentioned the neighbour principle in relation to law?
Francis Buller
What was the lawyer's response in the discussion of the Parable of the Good Samaritan?
He that shewed mercy on him
According to Lord Esher's obiter suggestion, when does a duty arise to use ordinary care and skill to avoid danger?
Whenever one person is placed in a position where they would recognize the need for ordinary care and skill
What was influential in the formation of the neighbour principle?
Cases from the New York Court of Appeals
In which case was it held that manufacturers could owe their ultimate consumers a duty of care in limited circumstances?
MacPherson v. Buick Motor Co.
What did Lord Esher attempt to reintroduce in further obiter remarks in Le Lievre v. Gould?
The idea of a duty arising if there was proximity between the parties
What did Francis Buller mention in relation to Injuries arising from Negligence or Folly?
The idea that every man ought to take reasonable care not to injure his neighbour
How did Thomas successfully claim in negligence according to Thomas v. Winchester and MacPherson v. Buick Motor Co.?
The manufacturer was held responsible for creating imminent danger with its product.
What is Lord Esher's obiter suggestion regarding a duty to use ordinary care and skill according to Heaven v. Pender?
A duty arises when one person is placed in a position where they would recognize the need for ordinary care and skill.
What did Thomas do according to Thomas v. Winchester?
He purchased and administered belladonna after it was mislabeled.
Who successfully claimed negligence after his wife became seriously ill due to mislabeling?
Thomas
What did Lord Thankerton argue about the manufacturer's relationship with the consumer?
The manufacturer should ensure that the article is not harmful to the consumer.
According to Lord Macmillan, under what circumstances does the law take cognizance of carelessness?
Only when there is a duty to take care and failure in that duty has caused damage.
What did Lord Buckmaster focus on in his argument?
Confined right to recover for those who enter into a contract.
How did Lord Buckmaster interpret Baron Alderson's judgment in Winterbottom v Wright?
He dismissed it as irrelevant to Donoghue's case.
According to Lord Tomlin, what did he concur with Lord Buckmaster about?
That few cases are relevant to Donoghue's claim.
What did Lord Thankerton hold regarding the duty of care applied to Donoghue?
A duty of care applied as the manufacturer brought himself into a direct relationship with Donoghue.
According to Lord Macmillan, under what standard would the duty and breach be examined?
Standard of the reasonable person.
What was Lord Buckmaster's view on responsibility for the condition of goods distributed throughout Scotland?
It would be outrageous to make manufacturers responsible for the condition of goods distributed throughout Scotland.
What did Lord Tomlin reject in his argument?
The relevance of previous cases to Donoghue's claim.
How did Lord Thankerton view the meticulous care of manufacturers in excluding interference or inspection by sellers?
It relieved the sellers from any responsibility to the consumer.
What did Lord Macmillan consider as never closed?
The categories of negligence are never closed.
What were Lord Buckmaster's views on changing common law principles?
He warned against adding new principles to common law.
According to Lord Atkin, what does the law enforce in relation to breaching a contract?
The duty to avoid causing harm to the other party
In which address did Lord Atkin use the concept of legal neighbours?
University of Birmingham's Holdsworth Club
What reason does Lord Justice MacKinnon give for suggesting that Donoghue did not find a snail in the bottle?
The trial never went ahead due to Stevenson's death
According to Lord Atkin, what is a person commended by the law of morality for?
Honoring commitments
What did Lord Justice MacKinnon joke was as much a legal fiction as the Casual Ejector?
The allegation that Donoghue did not find a snail in the bottle
According to Lord Atkin, when is a manufacturer under a duty to make a dangerous product carefully?
When there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests
What sentiment is the liability for negligence based upon?
General public sentiment of moral wrongdoing
In what way do rules of law arise in response to acts or omissions?
To limit the range of complainants and the extent of their remedy
What is the law's interpretation of 'you must love your neighbor'?
You must not injure your neighbor
According to Lord Atkin, who is considered as 'my neighbour' in law?
Persons closely and directly affected by an act or omission
What did Lord Atkin suggest there should be a duty of care for?
All manufacturers of articles of common household use
According to Lord Thankerton, did Donoghue have a contract with Stevenson?
No, they did not have a contract
In the Mullen v AG Barr & Co Ltd case, what was the majority ruling regarding negligence?
The majority ruled against the claimants, stating that the manufacturer had rebutted the presumption of negligence.
According to Lord Hunter, what gave rise to a specific duty of care in the Mullen case?
The inability to examine the bottle contents due to the dark glass.
What exception did Donoghue's counsel argue applied to her case in relation to product liability?
A duty of care was owed if it was not possible to examine the goods before they were used.
What did Lord Atkin emphasize about negligent behavior in English law?
There must be a general conception of relations giving rise to a duty of care for negligence to be found.
What was the outcome of the claim against Minghella in the Court of Session?
The claim against Minghella was abandoned due to lack of contractual relationship with Donoghue.
In what circumstances did product manufacturers owe a duty of care to ultimate consumers?
If there was no warning of intrinsic dangerousness of certain products.
What did Lord Atkin comment about the problem presented in Mullen v AG Barr & Co Ltd?
"I think this problem is important because it affects public health and applies practical test for negligence."
What did Lord Atkin agree with based on his own research?
"Scots and English law are identical in requiring a duty of care for negligence to be found."
What circumstance applied to Donoghue's case according to her counsel?
The inability to examine the goods before they were used.
What did Lord Hunter dissent about in the Mullen v AG Barr & Co Ltd case?
The presence of dead mice gave rise to a specific duty of care for negligence.
What did Lord Thankerton and Lord Macmillan concur with in their decision?
They agreed that AG Barr & Co Ltd had failed to rebut a presumption of negligence.
What did Lord Thankerton argue regarding the duty of care between the manufacturer and the consumer?
The manufacturer has a duty to exercise diligence to ensure that the article shall not be harmful to the consumer.
According to Lord Macmillan, when does the law take cognizance of carelessness?
Only when there is a duty to take care and where failure in that duty has caused damage.
What did Lord Buckmaster focus on in his argument?
He focused on precedent and warned about changing common law principles.
According to Lord Buckmaster, what was Baron Alderson's judgment in Winterbottom v Wright about?
It focused on restricting the right to recover to those who enter into the contract.
What did Lord Tomlin concur with?
He concurred with Lord Buckmaster.
According to Lord Macmillan, who demonstrated carelessness in the Donoghue v Stevenson case?
Stevenson demonstrated carelessness.
What did Lord Macmillan emphasize about the categories of negligence?
They constantly adjust and adapt themselves to changing circumstances of life.
What did Lord Buckmaster dismiss?
He dismissed George v Skivington case.
What did Lord Macmillan hold regarding Stevenson's duty of care?
Stevenson owed Donoghue a duty of care as a commercial manufacturer.
What was Lord Thankerton's view on the manufacturer's responsibility for safety?
The manufacturer must ensure that the article shall not be harmful to the consumer.
What was Lord Buckmaster's opinion regarding making manufacturers responsible for public claims?
It is outrageous to make manufacturers responsible for public claims due to logistical reasons.
What did Lord Thankerton comment regarding the relationship between a manufacturer and a consumer?
A relationship arises where a duty to exercise care arises apart from contract.
What did the judge hold about the duty of care owed by a manufacturer to its consumers?
There was no general duty of care and the product being in a sealed container made no difference.
What was the reason for the settlement of the claim out of court in December 1934?
Stevenson's death in November 1932.
What was listed as a third-party defender in the case one year after Stevenson's death?
Stevenson's widow, Mary.
What is suggested by Robert Heuston regarding the case?
That there can be duties in tort even if there is a contract.
What was the legal basis for the claim after it was settled?
Return to the Court of Session for a new hearing.
What did Lord Normand suggest about Lord Atkin's neighbour principle?
It was crucial to Lord Atkin's reasoning and therefore part of the ratio.
Why was there concern about Lord Atkin's broader test of liability?
It would have allowed everyone injured in an accident to claim compensation from the manufacturer.
What happened to Donoghue's husband, according to the text?
He separated from her and married another woman.
What happened to Donoghue after her son moved out?
She continued to work as a shop assistant.
What happened to Stevenson’s business after his death?
It was taken over by his son, David Stevenson III.
What happened to The Wellmeadow Café where the snail had been found?
It was demolished in 1959.
What did Julius Stone jokingly suggest as the reason for the decision (ratio decidendi) in the case?
A duty not to sell opaque bottles of beverage containing dead snails to Scots widows.
What did Donoghue have to prove in the factual elements of her case?
That there had been negligence on Stevenson’s part resulting in illness.
What sentiment is the liability for negligence based upon?
A general public sentiment of moral wrongdoing
In law, what does the rule to love your neighbor translate to?
You must not injure your neighbor
According to Lord Atkin, who can be considered as 'my neighbour' in law?
Persons who are affected by your actions directly and closely
What did Lord Atkin propose regarding the duty of care for manufacturers of common household products?
There should be a duty of care owed by all manufacturers of common household use articles
Who ruled that Donoghue had no contract with Stevenson, nor that her case was covered by one of the scenarios in which a duty of care had previously been found?
Lord Thankerton
What was Lord Atkin's view on the duty of care owed by manufacturers of products?
Manufacturers owe a duty of care to take reasonable care in the preparation and putting up of the products
How did Lord Atkin feel about cases that did not support his approach to duty of care?
He rejected them and cited other cases in favor of his view
What did Lord Thankerton rule regarding Donoghue's case?
He ruled that Donoghue had no contract with Stevenson and her case was not covered by any previous duty of care scenarios
'If this were the result of the authorities, I should consider the result a grave defect in the law...' Who expressed this opinion?
Lord Atkin
What principle, related to taking reasonable care not to injure others, was a response to a question a lawyer posed to Jesus?
The Good Neighbour principle
Who is credited with mentioning the neighbour principle in relation to law for the first time?
Francis Buller
In which case did Jesus respond with the Parable of the Good Samaritan when asked about who is a person's neighbor?
Donoghue v. Stevenson
Who made an obiter suggestion related to the neighbour principle in Heaven v. Pender?
Lord Esher
Which case was influential in establishing the neighbour principle?
Thomas v. Winchester
Who was sued in negligence in the case MacPherson v. Buick Motor Co.?
Buick Motor Co.
Who successfully claimed in negligence after administering mislabelled treatment in the case Thomas v. Winchester?
Thomas
In which case did Lord Esher make unsuccessful attempts to reintroduce the neighbour principle?
Le Lievre v. Gould
Who is credited with attempting to reintroduce the neighbour principle in Le Lievre v. Gould?
Lord Esher
What did Lord Esher attempt to establish in Le Lievre v. Gould?
Proximity between parties as the basis for a duty of care
Which case relied on the principle established in Thomas v. Winchester?
MacPherson v. Buick Motor Co.
What did Mrs. Thomas claim compensation for in Thomas v. Winchester?
Mislabelled treatment
In the case of Donoghue v Stevenson, what did the House of Lords hold regarding the manufacturer's duty of care to consumers?
The duty of care was breached by the manufacturer
Why was Donoghue required to claim damages for negligence instead of through a contractual relationship?
She did not have a contractual relationship with the manufacturer
What was the legal basis for claims resulting from injuries caused by defective products before the case of Donoghue v Stevenson?
Claims were based on implied warranties in contracts
What did Ansell v Waterhouse establish in 1817 in relation to legal liability?
Legal liability could arise for an act or omission contrary to the duty imposed by law in the particular case
What did Lord Atkin emphasize in his address to the University of Birmingham's Holdsworth Club?
The duty to make products carefully when used by persons other than the purchaser
What did Lord Justice MacKinnon suggest had been proven regarding the snail in the bottle?
The snail was a legal fiction established in court
What did Lord Justice Jenkins do in 1954 regarding the alleged presence of a snail in the bottle?
He reiterated that the snail was proven to be real in court
What did Lord Justice MacKinnon detest regarding the alleged snail in the bottle?
The intrusion of a gastropod as a legal fiction
What did Lord Atkin doubt regarding the law of tort?
Whether it could be comprised in the golden maxim to do unto your neighbour as you would that he should do unto you
What did Lord Atkin comment on about manufacturers' duty of care?
The duty was imposed irrespective of contract when danger was to be foreseen
What did Lord Atkin believe about the duty of care owed by a manufacturer to its consumers?
That no general duty of care existed for manufacturers
What did Lord Normand suggest about Lord Atkin's neighbour principle?
He suggested that the neighbour principle was not part of the ratio decidendi
What does Robert Heuston suggest about the case?
The case only supports claims that there can be duties in tort even if there is a contract
What was influential in the formation of the neighbour principle?
Lord Atkin's judgment in Donoghue v Stevenson case
What did Lord Buckmaster dismiss?
The notion that products in sealed containers require a different duty of care
What did Lord Thankerton hold regarding the duty of care applied to Donoghue?
'My neighbour' in law
What happened to The Wellmeadow Café where the snail had been found?
It closed around 1931 and the building was demolished in 1959
What happened to Stevenson's business after his death?
It became a limited company and later sold by the family
'If this were the result of the authorities, I should consider the result a grave defect in the law...' Who expressed this opinion?
Lord Atkin
'What sentiment is the liability for negligence based upon?'
'A reasonable person'
What is another name for the Donoghue v Stevenson case?
The Ginger Beer Case
How did Donoghue revert to using her maiden name?
After she divorced her husband in 1945
What did Lord Thankerton believe about the duty of care applied to the manufacturer in the Donoghue case?
The manufacturer owed a duty of care to ensure the article was not harmful to the consumer
According to Lord Macmillan, under what standard would the duty and breach be examined?
Reasonable person standard
What did Lord Buckmaster focus on in his argument?
Precedent and warning about common law principles
What concept did the Donoghue v Stevenson case create?
Duty of care to ultimate consumers in limited circumstances
What did Lord Tomlin concur with?
Lord Buckmaster's opinion on manufacturer's responsibility
What did Lord Buckmaster dismiss in his judgment?
George v Skivington case
What was Lord Macmillan's view of the categories of negligence?
"Never closed"
What did Lord Buckmaster support in his judgment?
"The only safe rule is to confine the right to recover to those who enter into the contract"
"It is impossible "to catalogue finally, amid the ever-varying types of human relationships, those relationships in which a duty to exercise care arises apart from contract." Who mentioned this in relation to the duty of care?
Lord Thankerton
What sentiment is the liability for negligence based upon?
Moral wrongdoing for which the offender must pay
What does Lord Atkin propose regarding the duty of care for manufacturers of common household products?
They owe a duty of care to the consumer to take reasonable care
In law, what does the rule to love your neighbor translate to?
You must not injure your neighbor
What did Lord Atkin emphasize about the categories of negligence?
They should be broad and all-encompassing
What did Lord Thankerton hold regarding the duty of care applied to Donoghue?
There was no duty of care owed by Stevenson to Donoghue
What did Robert Heuston suggest the case supports?
A broad interpretation of duty of care owed by manufacturers
What did Lord Macmillan consider as never closed?
The issue of liability for negligence in product distribution
What did Lord Buckmaster focus on in his argument?
Responsibility for the condition of goods distributed throughout Scotland
What did Lord Justice Jenkins do in 1954 regarding the alleged presence of a snail in the bottle?
He upheld the claim against the manufacturer, establishing a precedent for similar cases
In which case did Jesus respond with the Parable of the Good Samaritan when asked about who is a person's neighbor?
There is no such recorded case
What did Julius Stone jokingly suggest as the reason for the decision (ratio decidendi) in the case?
The presence of a snail in the ginger beer bottle leading to unforeseen consequences
What did Lord Normand suggest about Lord Atkin's neighbour principle?
It was too restrictive and limited in its application
What was the outcome of the claim by Orbine and the Mullens in the Mullen v AG Barr & Co Ltd case regarding the presence of dead mice in ginger beer bottles?
Orbine was successful in claiming compensation, while the Mullens were not.
What did the majority ruling at the Court of Session hold regarding the claimants' argument about negligence in the Mullen v AG Barr & Co Ltd case?
The manufacturer had rebutted a presumption of negligence.
What did Lord Hunter dissent about in the Mullen v AG Barr & Co Ltd case?
The presumption of negligence based on the presence of dead mice in ginger beer bottles.
According to Lord Atkin, when does a duty of care arise for negligence to be found?
When there is no contractual relationship between the parties.
In which case did Lord Atkin comment that he did "not think a more important problem has occupied your Lordships in your judicial capacity"?
Donoghue v Stevenson
What did Lord Atkin emphasize based on his own research?
"Scots and English law were identical in requiring a duty of care for negligence to be found."
What did Lord Atkin agree with counsel on, based on his own research?
Scots and English law were identical in requiring a duty of care for negligence to be found.
"At present I content myself with pointing out that in English law there must be, and is, some general conception of relations giving rise to a duty of care." - Who made this statement?
Lord Atkin
What was Lord Esher's obiter suggestion in relation to the duty to use ordinary care and skill to avoid danger?
A duty arises to use ordinary care and skill to avoid danger when circumstances place a person in a position where ordinary care and skill is necessary.
In Heaven v Pender, what did Lord Esher's attempt to reintroduce the principle relate to?
The proximity between parties in a legal dispute.
What was the influential principle relied on in MacPherson v. Buick Motor Co.?
The duty of manufacturers to avoid placing life and limb in peril due to negligence.
Why did Thomas successfully claim in negligence against Winchester?
Winchester was the seller of the harmful treatment administered by Thomas.
In relation to Lord Atkin's neighbour principle, what situation justifies a finding of a duty of care according to Thomas v. Winchester?
A situation where a dangerous product is negligently made, placing life and limb in peril.
What did Francis Buller's concept of the neighbour principle emphasize?
Taking reasonable care not to injure others through negligence or folly.
What was Lord Atkin's view on the duty of care owed by manufacturers of products?
They owe a duty of care in limited circumstances where their products place life and limb in peril when negligently made.
'If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made...,' what principle does this statement relate to?
Francis Buller's concept of the neighbour principle.
What was Lord Atkin commending people about, according to his concept?
Loving their neighbors as themselves.
In MacPherson v. Buick Motor Co., what did the court hold regarding manufacturers' duty of care?
Manufacturers could owe their ultimate consumers a duty of care in limited circumstances.
What did Lord Esher suggest leads to the duty arising to use ordinary care and skill?
Circumstances placing one person in a position with regard to another where every one of ordinary sense would recognize that if he did not use ordinary care and skill, it would cause danger of injury.
What did Julius Stone jokingly suggest about the decision (ratio decidendi) in the case?
That it was based on Lord Atkin's view on the duty of care owed by manufacturers of products.
What legal concept was created by the Donoghue v Stevenson case?
Duty of care between a manufacturer and a consumer
Why was Mrs. Donoghue required to claim damages for negligence instead of on the basis of a contract of sale?
She had no contractual relationship with the ginger beer manufacturer
What was the key legal precedent for Mrs. Donoghue in the Court of Session?
Thomas v Winchester
Why did injuries resulting from defective products in the past generally involve claims based on a contract of sale?
Legal liability could only arise from a contractual relationship
What public sentiment is the liability for negligence based upon?
Moral wrongdoing
What rule in law arises to limit the range of complainants and the extent of their remedy?
Rule of limitation
Who can be considered as 'my neighbour' in law?
Any person affected by the act
What was Lord Atkin's view on the duty of care owed by manufacturers of products?
Owed to all consumers without exceptions
What did Lord Thankerton rule regarding Donoghue's case?
She had no claim against the manufacturer
According to Lord Atkin's broader test of liability, what potentially allows a legal remedy?
'Principles according to sound common sense'
What did Lord Thankerton comment regarding the relationship between a manufacturer and a consumer?
'A manufacturer owes a duty of care to the consumer'
What was influential in the formation of the neighbour principle?
'Moral code'
According to Lord Atkin, when does a duty of care arise for negligence to be found?
When there is inherent danger and the knowledge that the product will be used by others without new tests
What did Lord Justice MacKinnon jokingly suggest about the alleged snail in the bottle in Donoghue v Stevenson?
He detested the snail and believed it was a legal fiction
What did Lord Atkin propose regarding the duty of care for manufacturers of common household products?
A duty of care to make the products carefully due to the potential danger they pose
In which address did Lord Atkin use the concept of legal neighbors and emphasized the law's enforcement of morality?
University of Birmingham's Holdsworth Club address
What did Lord Justice Jenkins do in 1954 regarding the alleged presence of a snail in the bottle?
Dismissed the notion of a snail being present as a legal myth
What did Lord Atkin emphasize based on his own research?
The law's enforcement of morality and negligence as a large field
According to Lord Thankerton, what relationship did the manufacturer establish with the consumer?
Direct relationship
According to Lord Macmillan, what does the law concern itself with?
Duty to take care and its breach
What did Lord Buckmaster emphasize about the recognized exceptions to the finding of a duty of care?
They are sufficient
What did Lord Tomlin concur with Lord Buckmaster about?
Precedent in common law
What did Lord Macmillan emphasize about the standard for examining duty and breach?
Ever-changing standard
What did Lord Buckmaster dismiss in relation to Donoghue's claim?
Common law support
What did Lord Macmillan hold regarding Donoghue's injury?
'Foreseeable'
'The categories of negligence are never closed.' Who mentioned this in relation to examining duty and breach?
Lord Macmillan
What was considered by Lord Macmillan when examining duty and breach?
'Meticulous care of the manufacturer'
What principle did Lord Buckmaster emphasize regarding the right to recover?
Confine the right to recover to those who enter into the contract
What did Lord Tomlin concur with Lord Buckmaster about in relation to common law principles?
Precedent in common law
What did Lord Atkin's neighbour principle require people to do?
Take reasonable care not to injure others
What was Lord Esher's obiter suggestion in the case of Heaven v Pender?
A duty arises to use ordinary care and skill to avoid danger
In which case did a man successfully claim negligence after administering mislabelled treatment to his wife?
Thomas v. Winchester
What was influential in establishing the neighbour principle and the duty of care owed by manufacturers to consumers?
MacPherson v.Buick Motor Co.
What was Lord Esher's attempt that was rejected by the two other judges in the Court of Appeal?
Reintroducing the duty of care concept
What did Lord Hunter state gave rise to a specific duty of care in the Mullen case?
The potential danger created by the defendant's actions
Who was sued in negligence in the case MacPherson v. Buick Motor Co.?
An automobile manufacturer
What did Francis Buller's mention of the neighbour principle focus on?
Injuries arising from negligence or folly
Which case rejected Lord Esher's attempt to reintroduce the principle of duty of care?
Le Lievre v Gould
What did Robert Heuston suggest the case supports?
That manufacturers owe a duty of care to their consumers
According to Lord Atkin, what did it require for a person to inherit eternal life?
To love their neighbours as themselves
What did MacPherson v.Buick Motor Co. hold regarding manufacturers and their ultimate consumers?
Manufacturers could owe their ultimate consumers a duty of care in limited circumstances
What did Lord Macmillan believe about the duty of care owed by a manufacturer to its consumers?
Manufacturers owe a duty of care to the ultimate consumers of their goods
What did Robert Heuston suggest the case supports?
That manufacturers owe a duty of care to the ultimate consumers of their goods
What was Lord Atkin's view on the duty of care owed by manufacturers of products?
Manufacturers owe a duty of care to the ultimate consumers of their goods
What did Lord Thankerton believe about the duty of care applied to the manufacturer in the Donoghue case?
Manufacturers owe a duty of care to the ultimate consumers of their goods
Why was Mrs. Donoghue required to claim damages for negligence instead of on the basis of a contract of sale?
There can be duties in tort even if there is a contract
What was influential in the formation of the neighbour principle?
Lord Normand's suggestion about Lord Atkin's neighbour principle
According to Lord Macmillan, when does the law take cognizance of carelessness?
When it results in actual damage to someone's interest that is protected by law
'Although she is listed on her death certificate as May McAllister, she was by then commonly known as Mabel Hannah...' What does this statement imply?
Mabel Hannah was Mrs. Donoghue's maiden name, which she adopted later in life
What was the key precedent case for Donoghue in the Court of Session?
Mullen v AG Barr & Co Ltd
What was the majority's ruling at the Court of Session regarding negligence in product liability cases?
Negligence to be inferred only if there was no warning of the intrinsic dangerousness of certain products.
What did Lord Hunter dissent about in the Mullen v AG Barr & Co Ltd case?
The fact that the bottle contents could not be examined due to the dark glass.
According to Lord Atkin, when does a duty of care arise in English law?
When there is some general conception of relations giving rise to a duty of care.
What did Lord Moncrieff preside over on 21 May 1929?
The first interlocutory action regarding negligence.
What did Lord Atkin emphasize about negligent behavior in English law?
What was the Court of Session's ruling on the claimants' argument regarding negligence in the Mullen v AG Barr & Co Ltd case?
The court ruled against the claimants, stating that negligence could not be presumed from the presence of dead mice in the ginger beer bottles.
What circumstance did Lord Hunter believe gave rise to a specific duty of care allowing consumers to claim for damages in product liability cases?
The inability to examine the contents of a dark glass bottle.
According to Lord Atkin, under what circumstances must there be a general conception of relations giving rise to a duty of care?
When the particular cases found in the books are instances.
In which case was Minghella added as a defender, but the claim against him was later abandoned?
Donoghue v Stevenson
Who comprised the majority at the Court of Session in Donoghue v Stevenson?
Lord Atkin, Lord Thankerton and Lord Macmillan
What was Lord Atkin's view on when a duty of care arises in English law?
When there is some general conception of relations giving rise to a duty of care.
What did John and Francis Mullen claim to have found in their bottles of ginger beer manufactured by AG Barr & Co Ltd?
Dead mice
3
For his abandoned strand of litigation.
Who were successful in claiming compensation in separate hearings in Glasgow and Greenock Sheriff Court respectively?
John Mullen and Jeanie Oribine
What was recorded on 20 December after Donoghue did not pay the costs awarded to Minghella?
The claim against Minghella was abandoned.
According to Lord Hunter's dissent, what gave rise to a specific duty of care that would allow consumers to claim for damages?
The inability to examine the goods before they were used.
Test your knowledge of Lord Atkin's neighbour principle and its legal implications with this quiz. Explore the concept of taking reasonable care not to injure others who could foreseeably be affected by actions or inactions.
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