Donoghue v stevenson is an incredibly significant case in the development of the law. Stevenson was gradually used to cover more and more situations where liability did not lie at common law. Oct 21, 2015 the donoghue v stevenson case played an integral role in establishing neglience, which now encompasses a vast expanse of legal possibilities for those seeking compensation. Test neighbour principle explain the neighbour principle and the application of this principle in the case of donoghue. Since donoghue v stephenson theres been big increase in cases where duty of care is imposed. The decision established the foundation of modern negligence law. The ruling in this case established the civil law tort of negligence and obliged businesses to observe a duty of care towards their customers. Tort law provides a bridge between course textbooks and key case judgments.
Donoghue v stevenson dipartimento di scienze giuridiche. The ginger beer came in a dark bottle, and the contents were not visible from the outside. This case, then, became the basis for a series of challenges in the late 1990s and early 2000s dealing with the states failure to make adequate provision for children with special educational needs. As can be inferred from court decisions, the common law. Instead of donoghue v stevenson, there would have been donoghue v minchella, an unremarkable breach of contract case, distinguished only by its picturesque facts, in which a cafe owner was sued for selling a tainted product to a customer. In may 1932 the house of lords delivered its judgement in the case about the presumed snail in the ginger beer bottle with which even nonlawyers are familiar, donoghue v stevenson. Donoghue attempted to claim against the manufacturer of the ginger beer stevenson claimed that he owed her a duty of care. Donoghue v stevenson 1932 ukhl 100 was a landmark court decision in scots delict law and english tort law by the house of lords. Donoghue drank some of the contents and her friend lifted the bottle to pour. Introduction on 26 may 1932, the house of lords decided a case that has been defined not only as revolutionaryl and the single most. Lord aitken stated that a neighbour was anyone who is so closely and directly affected by my act, or failure to act, that i ought reasonably to have them in my. However, while this is the bestknown aspect of the decision, it is a very wide principle that goes beyond the specific facts of the case, so it arguably was not part of the legal reasoning. Respondent on august 26th, 1928, the appellant drank a bottle of ginger beer, manufactured by the respondent, which a friend had bought from a retailer and given to her. Ordinarily, the courts will look to the existing authority on duty to determine whether or not there is a duty in the case before them.
This paper was prepared through the combined efforts of d. What is the legal principle considered and applied by the court to the facts of the case in order to come to his decision between the parties. Donoghue v stevenson project gutenberg selfpublishing. Related case r v chief constable of devon, ex p central electricity generating board 1982 posted in tort law revision notes. The case of donoghue v stevenson 1932 ac 562 introduction. The case of donoghue v stevenson 1932 ac 562 is a famous scottish case.
After an adjournmentminghella was added as a defender on 5 june. Explain the test laid down by lord atkin in donoghue v stevenson 1932 ac 562 3. Business law donoghue v stevenson case study essay. Stevenson was a landmark precisely because it extended the boundaries of torts and contract law. If there were indeed a duty not to cause damage to another carelessly, there would be no need to establish the existence of a duty in each case, since this would be implied in all situations. When the bottle arrived, the waiter poured a portion into a glass tumbler. This case document summarizes the facts and decision in donoghue v stevenson 1932 ac 562.
Explore how a paisley snail gave power to the modern consumer in donoghue v stevenson. The bottle contained the decomposed remains of a snail which were not and could not be. Donoghue v stevenson 1932 the case of donoghue v stevenson 1932 is very important, as it set a major precedent the legal concept of duty of care. It is known worldwide and has had a significant impact on the law of delict in scotland and the law of negligence in england, wales and other jurisdictions. Delicts which are committed unintentionally by the defender resulting in loss, injury or damage to the pursuer are the most common type of civil wrong. The gun exploded in the sons hands, and he was held to have a right of action in tort against the gunmaker. Donoghue v stevenson 1932 case summary webstroke law.
Lord atkin stated that a neighbour was anyone who is so closely and directly affected by my act, or failure to act, that i ought reasonably to have them in my contemplation. The ginger beer came in an opaque bottle so that the contents could not be seen. Donoghue, a scottish dispute, is a famous case in english law which was instrumental in shaping the law of tort and the doctrine of negligence in particular. The scottish council of law reporting sclr wishes to bring a new dimension to the resources available to researchers on the internet. Donoghue v stevenson 1932 ac 562 sir harry gibbs legal. The ruling in this case established the civil law tort of negligence and obliged businesses to observe a duty of.
Grant v australian knitting mills, is a landmark case in consumer and negligence law from 1935, holding that where a manufacturer knows that a consumer may be injured if the manufacturer does not take reasonable care, the manufacturer owes a duty to the consumer to take that reasonable care. Donoghue v stevenson 1932 ac 562 extract from the judgment of lord atkin in this way it can be ascertained at any time whether the law recognizes a duty, but only where the case can be referred to some particular species which has been examined and classified. Had mrs donoghue herself been the purchaser the course of the law would have run quite differently. Donoghue v stevenson 1932 ukhl 100 was a landmark court decision in scots delict law. The judgment and reasoning of lord atkin in donoghue v stevenson is very similar to the judgment and reasoning applied by cardozo cj in the american case of palsgraf v. This piece will move towards english tort law and scots delict law by taking a view at the famous donoghue v stevenson case. Home databases world law multidatabase search help. It begins on an unremarkable sunday evening on 26th august 1928. However, this way of proceeding might allow a more critical and less trite analysis of how cases achieve greatness and how the developmental process of the. In introducing negligence as a tort in its own right, it has not only increased available remedies but also taken over other fields where it. Stevenson is often referred to as the snail in the bottle case. Nov 20, 2009 it made legal history in the 1932 case of donoghue v stevenson.
This was appealed successfully by the defendant, mr stevenson, to a higher court. Start studying discuss the significance of donoghue v stevenson to the development of the law of duty of care. Donoghue v stevenson donoghue sued the manufacturer of a bottle of ginger beer that she drank which contained snail remnants. Pdf donoghue v stevenson and neighbour principle saken. It laid the foundational principle for the modern law of negligence. In the judgment of alcock v chief constable of the south yorkshire police, where the claims were bought after the hillsborough disaster in 1989 where the plaintiffs in this case were mostly secondary victims, therefore they were not directly affected as opposed to primary victims who were either injured or were in danger of immediate injury. Archived from the original pdf on 11 february 2012. Donoghue v stevenson 1932 ac 562 chapter 4 page 165 relevant facts on 26 august 1928, may donoghue met a friend at a cafe in paisley.
Speech to the friends of university of western australia, london, july 2014 i was asked to speak this evening 1 on a topic with which all lawyers will be familiar as well as many nonlawyers, 2 to offer a different perspective, 3 to keep the discussion reasonably light, and 4 to speak. The case of donoghue v stevenson 1932 is very important, as it set a major precedent the legal concept of duty of care in the 1932 case, the judge, lord aitken, defined the neighbour principle. Donoghue v stevenson wikimili, the free encyclopedia wik. May donoghue has had a huge impact on millions of peoples lives around the world.
In 1932 lord atkin handed down a judgment that would become one of the most significant cases of the common law world, donoghue v stevenson. Also known as the paisley snail or snail in the bottle case, the case involved mrs. Donoghue v stevenson 1932 ac 562 became one of the most significant cases in the common law world. The friend ordered a pear and ice for herself and a scotsman ice cream float, a mix of ice cream and a bottle of ginger beer for donoghue 2. The case of donoghue v stevenson 1932 ukhl 100 is one of the celebrated cases that must be mentioned when determining when a duty of care exist in negligence. The friend brought her a bottle of ginger beer and an ice cream. Describe why mrs donoghue could not use existing contract and consumer law to support.
Donoghue then appealed further to the house of lords, then the highest court in. Sep 19, 2011 all of the films are built around the famous case. The cafe purchased the product from a distributor that purchased it from stevenson. Nevertheless, lord atkins neighbour principle is the most wellknown part of the decision of the case, despite the fact that according to the official sources it was never a part of the ratio of the decision in donoghue v stevenson. This term continues to offer general principles on an obliged duty of care from one person. On the evening in question, may donoghue, at that time a 30yearold shop assistant, boarded a tram in glasgow for the thirtyminute journey to. Discuss the significance of donoghue v stevenson to the. Donoghue, a customer in one of the cafs, who suffered with gastroenteritis and serious shock after discovering the remains of a snail in a bottle of ginger beer. The revolutionary significance of the decision in this case is in the establishment of a standardised duty of care in negligence cases. Donoghue v stevenson page 1 torts law judgments supreme. Explain and analyse how this case was similar and different to donoghue v stevenson, justifying whether you believe the outcome of this case was fair. The case of donoghue v stevenson is arguably one of the most famous cases in the common law system and definitely one of the most important in the history of the development of the tort law.
Jul 30, 2016 this free case note, and accompanying worksheet, is taken from a series of law materials which are available to purchase on the tes website. Donoghue v stevenson scottish council of law reporting. Dec 03, 2012 the case of donoghue v stevenson is widely known in legal circles, not just in scotland and the uk but throughout the world, as the source of the modern law of negligence. One of the five judges, lord atkin, formulated what has become known as the neighbour test in this way. However, it can be said that the decision in donoghue v stevenson formed a foundation for the development of all the aforementioned areas of tort law. This case established the foundation of negligence law that is still used today in queensland the concept of duty of care.
The dispute was ruled in favour of the plaintiff donoghue, which consequently established the modern concept of negligence. This means it was not necessary to reach the decision that stevenson owed a duty of care to donoghue. Dickson introduction the purpose of this assignment is to discuss the creation and application the case law resulting from the decision in donoghue v stevenson. This paper represents a deep analysis of one of the most famous cases of western law. Donoghue v stevenson introduction to the donoghue v stevenson digital resources. Donoghue v stevenson the case about the snail in the ginger beer in a wee cafe in paisley. Business law donoghue v stevenson case study essay bartleby. Donoghue v stevenson 1932 ac 562 was a foundational decision in scots delict law and english tort law by the house of lords. Many legal principles arose from the ruling of the house of lords. Her unnamed friend ordered and paid for a pear and ice cream ginger beer float for may.
The document also included supporting commentary from author craig purshouse. It should be noted that the test for need only be invoked in exceptional cases. In the 1932 case, the judge, lord aitken, defined the neighbour principle. Sir harry gibbs legal heritage centre supreme court library. To conclude, some scholars express the view that the importance of the case of donoghue v stevenson was overrated both by its supporters and critics. Donoghue v stevenson 1932 ukhl 100 26 may 1932 uni trier. Levy, therefore, can be dismissed from consideration with the comment that it is rather surprising it has so often been cited for a proposition it cannot support. The development of duty of care has also progressed the standard of manufacturing while increasing safety among the population.
It created the modern concept of negligence, by setting out general principles whereby one person would owe a duty of care to another person also known as the paisley snail 5 6 or snail in the bottle case, the facts involved mrs donoghue drinking a bottle of. Donoghue filled her glass and drank some of the contents. Arguably donoghue v stevenson is the most famous case in the common law, and lord atkins words are among the best known uttered by any judge. The scope and potential of the odonoghue judgment has, however, been somewhat tempered by more recent supreme court judgments such as sinnott v. Stevenson, also known as the snail in the bottle case, is a significant case in western law. Lord atkin was well aware of the importance of the case and that it could have a revolutionary effect on civil liability for1 carelessness. Donoghue v stevenson ac negligence, duty of care, neighbour. Bbc news the legal case of the snail found in ginger beer. Notes on donoghue v stevenson osgoode digital commons. It continues to be cited as an authority in legal cases, and used as an example for students studying law. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Donoghue then appealed further to the house of lords, then the highest court in the uk for civil cases from scotland.
You are free to reproduce this work for your own students use. Donoghue s companion ordered and paid for her drink. I begin with the well known allegations of fact of the case. Donoghue v stevenson 1932 ac 562 house of lords mrs donoghue went to a cafe with a friend. It laid the foundation of the modern law of negligence, establishing general principles of the duty of care. In a case of negligence it was asked whether the causing of harm constituted a breach of a legally recognised duty of care, and if not, whether it fell under the general principle of donoghue v. In order to succeed in an action for negligence, a plaintiff must prove. Donoghue v stevenson 1932 ukhl 100 was a foundational decision in scots delict law and english tort law by the house of lords. In the initial hearing, the judge found in favour of the pursuer mrs donoghue. This decision is often cited in relation to the tort of. May donoghue, a shop assistant, met a friend at the wellmeadow cafe in paisley, near glasgow. Donoghue v stevenson wikimili, the best wikipedia reader.
Lord buckmaster argued that the precedent of winterbottom v wright should govern this case and no duty of care existed. As was confirmed by the courts the tort law, including tort of negligence emerged in donoghue case, is an effective tool to call the oil companies to responsibility for the environmental damage. If you are looking for full details of the case of donoghue v stevenson you have come to the right place. C 562 subject this case deals with the duty of care exercised by the purchaser and manufacturers of things and articles of food, medicine, liquor or the like. Also known as the paisley snail5 6 or snail in the bottle case, the facts involved mrs donoghue drinking a bottle. Donoghue v stevenson is a landmark english case, which had a profound impact on the principles of tort law. There a man sold a gun which he knew was dangerous for the use of the purchasers son. Approach the facts of the case as a modernday insurer would to decide whether the same outcome would be. The leading case for negligence claims is donoghue v stevenson 1932 ukhl 100 or the snail in the opaque ginger beer bottle as many generations of law students remember it. The drink, ginger beer was supplied in a dark opaque bottle. Llm international business law laws 7100 advanced legal skills end of module assessment. It created the modern concept of negligence, by setting out general principles whereby one person would owe a duty of care to another person.
1312 21 712 1019 98 683 1511 1524 1579 56 342 641 696 523 991 1555 558 61 110 490 331 1161 1315 1268 84 1457 1041 1004