Neighbour Principle and Lord Atkin
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Questions and Answers

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?

<p>Taking care where there is a duty and failure in that duty has caused damage (C)</p> Signup and view all the answers

What did Lord Buckmaster warn about regarding common law principles?

<p>Common law principles cannot be changed nor can additions be made to them (D)</p> Signup and view all the answers

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

<p>The duty of care arises apart from contract (C)</p> Signup and view all the answers

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

<p>Persons who are closely and directly affected by the act or omission (C)</p> 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'?

<p>Duty of care to take reasonable care in the preparation or putting up of the products (D)</p> Signup and view all the answers

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

<p>Donoghue had no contract with Stevenson and her case was not covered by a previously found duty of care (D)</p> Signup and view all the answers

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

<p>Mullen v AG Barr &amp; Co Ltd (A)</p> Signup and view all the answers

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

<p>Negligence to be inferred (B)</p> Signup and view all the answers

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

<p>Requirement of a duty of care for negligence to be found (A)</p> Signup and view all the answers

What was Lord Atkin's broader test of liability?

<p>It would have allowed everyone injured in the Versailles rail accident to claim compensation from the manufacturer of the axle that broke. (A)</p> Signup and view all the answers

What did Robert Heuston suggest based on the case?

<p>The case only supports the claims there can be duties in tort even if there is a contract. (A)</p> 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?

<p>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. (A)</p> Signup and view all the answers

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

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

Who first mentioned the neighbour principle in relation to law?

<p>Francis Buller (D)</p> Signup and view all the answers

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

<p>Thomas v. Winchester and MacPherson v. Buick Motor Co. (D)</p> 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?

<p>To make the product carefully (B)</p> 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?

<p>In commenting on the law of morality (C)</p> Signup and view all the answers

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

<p>That the snail was a legal fiction (B)</p> Signup and view all the answers

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

<p>It was a legal myth (D)</p> Signup and view all the answers

Why is it generally held that what happened in the Wellmeadow Café is not proven?

<p>Because Donoghue's factual claims were never tested in court (B)</p> 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?

<p>The whole law of tort (C)</p> 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?

<p>In discussing fraud and negligence (C)</p> Signup and view all the answers

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