Neighbour Principle and Lord Atkin

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What legal concept did Donoghue v Stevenson create?

Duty of care (correct)

Contributory negligence

Assumption of risk

Strict liability

What was the significance of the 'Paisley snail' or 'snail in the bottle' case?

It established the principle of strict liability

It established the principle of duty of care (correct)

It established the principle of assumption of risk

It established the principle of contributory negligence

Why did Donoghue have to claim damages for negligence instead of on the basis of a contract of sale?

She had a contract with Stevenson, the manufacturer

Her friend suffered injury from the ginger beer

She had a contractual relationship with Minghella

She had not purchased the ginger beer (correct)

According to Lord Macmillan, what does the law concern itself with?

Taking care where there is a duty and failure in that duty has caused damage Signup and view all the answers

What did Lord Buckmaster warn about regarding common law principles?

Common law principles cannot be changed nor can additions be made to them Signup and view all the answers

What did Lord Thankerton argue about the duty of care in relationship to the consumer?

The duty of care arises apart from contract Signup and view all the answers

In law, who is considered to be 'my neighbour'?

Persons who are closely and directly affected by the act or omission Signup and view all the answers

According to Lord Atkin, what duty of care should be owed by manufacturers of 'articles of common household use'?

Duty of care to take reasonable care in the preparation or putting up of the products Signup and view all the answers

What conclusion did Lord Thankerton draw regarding the case of Donoghue v Stevenson?

Donoghue had no contract with Stevenson and her case was not covered by a previously found duty of care Signup and view all the answers

What was the Court of Session case that presented a difficult precedent for Donoghue?

Mullen v AG Barr & Co Ltd Signup and view all the answers

What did Lord Hunter find in the Mullen v AG Barr & Co Ltd case?

Negligence to be inferred Signup and view all the answers

What did Lord Atkin emphasize in the Court of Session case?

Requirement of a duty of care for negligence to be found Signup and view all the answers

What was Lord Atkin's broader test of liability?

It would have allowed everyone injured in the Versailles rail accident to claim compensation from the manufacturer of the axle that broke. Signup and view all the answers

What did Robert Heuston suggest based on the case?

The case only supports the claims there can be duties in tort even if there is a contract. Signup and view all the answers

Why did Donoghue have to prove the factual elements of the case in the hearing after the legal basis of the claim was settled?

To establish that there had been a snail in the ginger beer as a result of Stevenson's negligence and that this snail had caused her illness. Signup and view all the answers

What is the neighbour principle, as mentioned in the text?

A principle that requires someone to take reasonable care not to injure others who could foreseeably be affected by their actions or inactions Signup and view all the answers

Who first mentioned the neighbour principle in relation to law?

Francis Buller Signup and view all the answers

What influential cases contributed to the formation of the neighbour principle according to the text?

Thomas v. Winchester and MacPherson v. Buick Motor Co. Signup and view all the answers

According to Lord Atkin, what duty does a manufacturer of a dangerous product owe if the product is expected to be used by others without new tests?

To make the product carefully Signup and view all the answers

In what context did Lord Atkin use the concept of 'legal neighbours' in his address to the University of Birmingham's Holdsworth Club?

In commenting on the law of morality Signup and view all the answers

What did Lord Justice MacKinnon jokingly suggest about the existence of the snail in Donoghue v Stevenson?

That the snail was a legal fiction Signup and view all the answers

What did Chapman suggest about the allegation regarding the existence of the snail in Donoghue v Stevenson?

It was a legal myth Signup and view all the answers

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 Signup and view all the answers

According to Lord Atkin, what does acting 'unto your neighbour as you would that he should do unto you' cover?

The whole law of tort Signup and view all the answers

In what context did Lord Atkin use the concept of 'legal neighbours' in his lecture at King's College London?

In discussing fraud and negligence Signup and view all the answers