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Encyclopedia > Donoghue v Stevenson
Donoghue v Stevenson
House of Lords
Full case name Donoghue (or M’Alister) v Stevenson
Date decided 26 May 1932
Citations [1932] AC 562, 1932 S.C. 31, All ER Rep 1
Judges sitting Lords Buckmaster, Atkin, Tomlin, Thankerton and MacMillan
Case history
Prior actions: None
Subsequent actions: None
Case opinions

Donoghue (or M’Alister) v Stevenson ([1932] A.C. 562, 1932 S.C. (H.L.) 31, [1932] All ER Rep 1) is one of the most famous cases in British legal history. The decision of the House of Lords founded the modern tort of negligence (delict in Scotland), both in Scots law and across the world in common law jurisdictions. The case originated in Paisley, but the House of Lords declared that the principles of their judgment also applied in English law. It is often referred to as the "Paisley snail" or the "snail in the bottle" case. The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Lords of Appeal in Ordinary are Life peers entrusted since the Appellate Jurisdiction Act 1876 with carrying out the judicial functions of the House of Lords. ... Stanley Owen Buckmaster, 1st Viscount Buckmaster GCVO PC, (9 January 1861 – 5 December 1934) was a Liberal politician in the United Kingdom. ... James Richard Atkin, Baron Atkin (November 28, 1867 - June 25, 1944) was an English jurist. ... Thomas James Chesshyre Tomlin, Baron Tomlin PC (6 May 1867 – 13 August 1935) was a British judge. ... For other persons named William Watson, see William Watson (disambiguation). ... Hugh Pattison Macmillan, Baron Macmillan (20 February 1873 – 5 September 1952) was a Scottish judge. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court... Legal history is a term that has at least two meanings. ... This article is about the British House of Lords. ... Not to be confused with torte, an iced cake. ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ... Delict is a concept of civil law which is used to some degree in many civil law legal systems. ... This article is about the country. ... Scots law is a unique legal system with an ancient basis in Roman law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article does not cite any references or sources. ... For other uses, see Paisley (disambiguation). ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ...

Contents

Key principles

As Justice Allen Linden has pointed out, Donoghue is an extension of a principle articulated by Benjamin Cardozo in an earlier case, MacPherson v. Buick Motor Co. MacPherson pioneered the tortious principle of a general duty of care, the starting point for any action in negligence, and abolished the common law requirement of privity of contract. However, MacPherson was an American case, and until Donoghue, the duty of care was still limited in English law to a narrow number of relationships. The duty of care is the first of three parts that have to be established in order to prove liability in negligence, the other two being a breach of that duty by the defendant, and causation - linking the damage suffered by the claimant to the defendant's breach of duty. This article is about the concept of justice. ... Allen Martin Linden (October 7, 1934) is a prominent judge of the Federal Court of Appeal. ... Justice Benjamin Nathan Cardozo (May 24, 1870–July 9, 1938) was a distinguished American jurist who is remembered not only for his landmark decisions on negligence but also his modesty and philosophy. ... MacPherson v. ... In tort law, a duty of care is a legal obligation imposed on an individual requiring that they exercise a reasonable standard of care while performing any acts that could foreseeably harm others. ... Negligence is a legal concept usually used to achieve compensation for accidents and injuries. ... The doctrine of privity in contract law provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. ... In the most general sense, a liability is anything that is a hindrance, or puts individuals at a disadvantage. ... This article is about causality as it is used in many different fields. ... The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). ...


The case is perhaps most well known for the speech of Lord Atkin and his "neighbour" or "neighbourhood" principle, where he applied Luke 10 to law - that is, where an established duty of care does not already exist, a person will owe a duty of care not to injure those who it can be reasonably foreseen would be affected cunt by their acts or omissions. The practical effect of this case was to provide individuals with a remedy against suppliers of consumer products, even where the complainant had no privity of contract with those individual or company tortfeasors. James Richard Atkin, Baron Atkin (November 28, 1867 - June 25, 1944) was an English jurist. ... The Gospel of Luke is the third of the four canonical Gospels of the New Testament, which tell the story of Jesus life, death, and resurrection. ... In marketing, a product is anything that can be offered to a market that might satisfy a want or need. ... The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). ... The doctrine of privity in contract law provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it. ... This is a list of legal terms, often from Latin: A mensa et thoro A mensa et thoro, from bed and board. ...


In 1990, the House of Lords revised Lord Atkin's "neighbour" principle to encompass public policy concerns articulated in Caparo Industries Plc. v Dickman ([1990] 1 All ER 568). The three-stage "Caparo" test requires: foreseeability of damage; a relationship characterised by the law as one of proximity or neighbourhood; and that the situation should be one in which the court considers it would be fair, just and reasonable that the law should impose a duty of given scope on one party for the benefit of the other. In other jurisdictions, such as New Zealand, there is now a two-part test for novel fact situations, where the establishment of a duty must be balanced against applicable policy matters. The House of Lords in Caparo Industries v Dickman (1990, House of Lords) adopted at least some of the concerns expressed in different common law courts at the two-stage test set out in Anns v. ...


Because of the significance of the case, in 1996 former Supreme Court of British Columbia Justice Martin Taylor and Vancouver lawyer David Hay produced an educational documentary of the case.[1] Besides recreating the events leading up to the case and "interviews" with actors playing the significant participants in the case, production includes an interview with Lord Denning.[2] This was one of the last interviews with Lord Denning, who died three years later. The film is now shown in universities and schools around the world.[3] Supreme Court of British Columbia is the superior court for the Canadian province of British Columbia. ... For other uses, see Vancouver (disambiguation). ... The Right Honourable Alfred Thompson Denning, Baron Denning, OM, PC (23 January 1899 – 5 March 1999) was a British barrister from Hampshire who became Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales) and was generally well liked, both within the legal...


The legal process

The case started in the Outer House of the Court of Session, where the Lord Ordinary repelled the defender Stevenson's plea to the relevancy and allowed a proof (that is, he dismissed the defendant's claim that there was no cause of action, and allowed the case to go to trial). It was this decision which was reclaimed (appealed) to the Inner House of the Court of Session, which reversed the Lord Ordinary's interlocutor (interlocutory judgment) and held, 3-1, that there was no cause of action. The pursuer (plaintiff) appealed to the House of Lords, which gave its famous judgment that there was indeed a case to answer, and remitted the question to the Lord Ordinary to hear the case on the merits. The Outer House is a court of first instance, although some statutory appeals are remitted to it by the Inner House. ... The Court of Session is the supreme civil court in Scotland. ... Lord Ordinary is a term used to describe any judge in the Outer House of the Scottish Court of Session. ... The law of evidence governs the use of testimony (e. ... The Inner House is one of the two parts of the Scottish Court of Session, analogous to the Court of Appeal in England and Wales. ... An interlocutor (pronounced in-ter-lock-you-ter) describes someone who informally explains the views of a government and also can relay messages back to a government. ...


Background facts

On the evening of Sunday 26 August 1928, Mrs May Donoghue, née M’Alister boarded a tram in Glasgow for the thirty minute journey to Paisley. At around ten minutes to nine, she and a friend took their seats in the Wellmeadow Café in the town's Wellmeadow Place. They were approached by the café owner, Francis Minghella, and Donoghue's friend ordered and paid for a pear and ice and an iced drink. The owner brought the order and poured part of a bottle of ginger beer into a tumbler containing ice cream. Donoghue drank some of the contents and her friend lifted the bottle to pour the remainder of the ginger beer into the tumbler. On doing so, it was claimed that the remains of a snail in a state of decomposition plopped out of the bottle into the tumbler. Donoghue later complained of stomach pain, and her doctor diagnosed her as having gastroenteritis. She also claimed to have suffered emotional distress as a result of the incident. is the 238th day of the year (239th in leap years) in the Gregorian calendar. ... Year 1928 (MCMXXVIII) was a leap year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... This article refers to public transport vehicles running on rails. ... For other uses, see Paisley (disambiguation). ... There are several meanings of float: an air-filled vessel that floats on water, such as some types of lifeboats buoyancy float (project management) floating currency floating exchange rate floating point, a datatype in computer science free float of company stock insurance (investable policyholder funds) root beer float: ice cream... Ginger beer is a type of carbonated beverage, flavored primarily with ginger, lemon and sugar. ... For other uses, see Snail (disambiguation). ... See also Bacterial gastroenteritis and Diarrhea inflammation or infection of the gastrointestinal tract, primarily the stomach and intestines. ...


On 9th April 1929, Donoghue brought an action against David Stevenson, an aerated water manufacturer in Paisley, in which she claimed £500 as damages for injuries sustained by her through drinking ginger beer which had been manufactured by the defender. A soft drink is a drink that contains no alcohol. ... In law, damages refers to the money paid or awarded to a claimant (as it is known in the UK) or plaintiff (in the US) following their successful claim in a civil action. ... Ginger beer is a type of carbonated beverage, flavored primarily with ginger, lemon and sugar. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ...


Lord Justice MacKinnon said in a speech in 1942 that when the facts came to be tried, it was found that there was no snail, and this was later repeated by Lord Justice Jenkins in the case of Adler v Dickson. The statement seems to have been based on information given to MacKinnon by David Stevenson's counsel, later Lord Normand. However, the case was ultimately settled out of court, and the facts were never established in a court of law. Sir Frank Douglas MacKinnon (11 February 1871 – 23 January 1946) was an English lawyer, judge and writer, the only High Court judge to be appointed during the First Labour Government. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link will display the full 1942 calendar) of the Gregorian calendar. ... Wilfrid Guild Normand, Baron Normand, KC (1884 – 5 October 1962), was a Scottish politician and judge. ...


The identity of Mrs Donoghue's friend is also unknown. It has been speculated that Mrs Donoghue, a married woman, may have been illicitly meeting a male friend (Joe Gutteridge).[citation needed] However, the friend is referred to as "she" in the case reports (including the first paragraph of the judgment of Lord MacMillan in the House of Lords).


Other uncertainties are whether the animal (if it existed) was a snail or a slug; whether the bottle contained ginger beer or some other beverage ("ginger" being a Scottish word for a carbonated drink); and whether the drink was part of an ice cream float.[citation needed] This article is about Terrestrial Slugs. ... A soft drink is a drink that contains no alcohol. ... Missing image Ice cream is often served on a stick Boxes of ice cream are often found in stores in a display freezer. ... There are several meanings of float: an air-filled vessel that floats on water, such as some types of lifeboats buoyancy float (project management) floating currency floating exchange rate floating point, a datatype in computer science free float of company stock insurance (investable policyholder funds) root beer float: ice cream...


Legal analysis

Donoghue had not ordered or paid for the drink herself, so there was no contractual relationship between Donoghue and the café owner. Tort law at this time did not allow for Donoghue to sue the café owner. There was a contractual relationship between the café owner and the friend, but the friend had not drunk the ginger beer. Ginger beer was not a dangerous product, and the manufacturer had not fraudulently misrepresented it. At that time, those were the only two grounds for claiming negligence against a manufacturer. On the face of it, the law did not provide a remedy for Donoghue. A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... In the broadest sense, a fraud is a deception made for personal gain. ... In contract law, a misrepresentation is a false statement of fact made by one party to another party and has the effect of inducing that party into the contract. ...


It is unclear how May Donoghue came into contact with solicitor Walter Leechman of WG Leechman & Co in Glasgow's West George St, "the only solicitor in the world who would have taken her case."[citation needed] Leechman was already an expert on the dangers of drinking ginger beer. He had already tried to establish liability against aerated water manufacturers AG Barr when a dead mouse was alleged to have found its way into a bottle of their ginger beer. However, an action for damages was rejected by the Inner House of the Court of Session, when the appeal court judges ruled that there was no legal authority allowing for such an action (Mullen v A.G. Barr & Co. 1929 S.C. 461). A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia, New Zealand and Canada, and in a few regions of the United States. ... A.G. Barr PLC is a British soft drinks manufacturer, based in Glasgow, Scotland. ...


Undeterred by this opinion, Leechman agreed to take on the case and lodged a writ in the Court of Session on April 1929 in the case of May Donoghue, née M’Alister v David Stevenson. The writ alleged that May Donoghue had become ill with nervous shock and gastroenteritis after drinking part of the contents of an opaque bottle of ginger beer and David Stevenson the manufacturer "owed her a duty to take reasonable care that ginger beer he manufactured, bottled, labelled and sealed, and invited her to buy, did not contain substances likely to cause her injury." Donoghue claimed damages of £500. In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. ... Nervous shock is a term used in English law to denote psychiatric illness or injury caused to a person by perception of events caused by the negligence of another; for example, witnessing an injury caused to ones parents or spouse. ... GBP redirects here. ...


Counsel for the manufacturer naturally denied liability or that any such duty was owed. It was not until June 1930 that the judge opined that there was a case to answer. Stevenson's legal team appealed Lord Moncrieff's ruling on a number of legal grounds, and the judges of the Inner House granted the appeal in November 1930, dismissing her claim as having no legal basis on the authority of their earlier decision in Mullen v A.G. Barr. One of their lordships said that "the only difference between Donoghue's case and the mouse cases was the difference between a rodent and a gastropod and in Scots law that meant no difference at all." Suborders Sciuromorpha Castorimorpha Myomorpha Anomaluromorpha Hystricomorpha Rodentia is an order of mammals also known as rodents, characterised by two continuously-growing incisors in the upper and lower jaws which must be kept short by gnawing. ... Subclass Subclass Eogastropoda     Patellogastropoda Subclass Orthogastropoda   Superorder Cocculiniformia   Superorder Hot Vent Taxa     Neomphaolida   Superorder Vetigastropoda   Superorder Neritaemorphi     Neritopsina   Superorder Caenogastropoda     Architaenioglossa     Sorbeoconcha   Superorder Heterobranchia     Heterostropha     Opisthobranchia     Pulmonata The gastropods, or univalves, are the largest and most successful class of mollusks, with 60,000-75,000 species, and second largest class...


Claimant appeals

It would not have been very surprising if Walter Leechman and May Donoghue had given up after this judgment. The Court of Session had now ruled twice that there was no legal authority allowing a claim for damages against a manufacturer where no contract existed, unless the product was dangerous or fraudulently represented. There was of course the possibility of appealing the case to the House of Lords, but, whilst Donoghue's legal team had agreed to provide their services free, she could not put up the security needed to ensure the other side's costs were met should she lose in the Lords. However, such security would not be required if she could gain the status of a pauper. So, on 16 February 1931, she petitioned the House of Lords saying: "I am very poor and am not worth in all the world the sum of five pounds, my wearing apparel and the subject matter of the said appeal…" A minister and two elders of her church signed a certificate of poverty which was attached to the petition. On 17 March 1931, the House of Lords granted her the status of a pauper. Among the 88 Lords present were Lord Sankey (the Lord Chancellor), the Duke of Wellington, and Lord Atkin, who would write the main judgment that would change the face of consumer law forever. Security for costs is a common law legal concept of application only in costs jurisdictions, and is an order sought from a court in litigation. ... A boy from an East Cipinang trash dump slum in Jakarta, Indonesia shows his find. ... is the 47th day of the year in the Gregorian calendar. ... Year 1931 (MCMXXXI) was a common year starting on Thursday (link will display full 1931 calendar) of the Gregorian calendar. ... is the 76th day of the year (77th in leap years) in the Gregorian calendar. ... Year 1931 (MCMXXXI) was a common year starting on Thursday (link will display full 1931 calendar) of the Gregorian calendar. ... John Sankey, 1st Viscount Sankey GBE (26 October 1866 – 6 February 1948) was a prominent British politician, famous for many of his judgments in the House of Lords. ... The Lord High Chancellor of Great Britain, or Lord Chancellor and prior to the Union the Chancellor of England and the Lord Chancellor of Scotland, is a senior and important functionary in the government of the United Kingdom, and its predecessor states. ... Arthur Charles Wellesley, 5th Duke of Wellington (June 9, 1876 – December 11, 1941) was the son of the 4th Duke, Colonel Arthur Charles Wellesley and Kathleen Bulkeley Williams. ... James Richard Atkin, Baron Atkin (November 28, 1867 - June 25, 1944) was an English jurist. ...


Nine months after her petition was granted, Lords Buckmaster, Atkin, Tomlin, Thankerton and MacMillan, sat in a committee room dressed, as is still the custom, in ordinary lounge suits and heard counsels' arguments. Donoghue's counsel - George Morton KC and W. R. Milligan (later a Lord Advocate) - argued that a manufacturer who puts a product intended for human consumption on to the market in a form that precludes examination before its use, is liable for any damage caused if he fails to exercise reasonable care to ensure it is fit for human consumption. It was a call for the removal of the protection provided for manufacturers by privity of contract - the principle that only the parties to a contract have any right to sue under its terms. Stevenson's counsel - W.G. Normand KC (then Solicitor General for Scotland and later a Law Lord), J.L. Clyde (later Lord Advocate and then Lord President of the Court of Session), and T. Elder Jones - sought to convince their Lordships that the wisdom of the Scottish judges in the mouse cases should prevail. After two days of argument, their Lordships retired to consider their judgment. Lords of Appeal in Ordinary are Life peers entrusted since the Appellate Jurisdiction Act 1876 with carrying out the judicial functions of the House of Lords. ... Stanley Owen Buckmaster, 1st Viscount Buckmaster GCVO PC, (9 January 1861 – 5 December 1934) was a Liberal politician in the United Kingdom. ... James Richard Atkin, Baron Atkin (November 28, 1867 - June 25, 1944) was an English jurist. ... Thomas James Chesshyre Tomlin, Baron Tomlin PC (6 May 1867 – 13 August 1935) was a British judge. ... For other persons named William Watson, see William Watson (disambiguation). ... Hugh Pattison Macmillan, Baron Macmillan (20 February 1873 – 5 September 1952) was a Scottish judge. ... Suits from the 1937 Chicago Woolen Mills catalog A suit, also known as a business suit or lounge suit or three-piece suit, comprises a collection of matching clothing consisting of: a coat (commonly known as a jacket) a waistcoat (optional) (USA vest) — without this it is know as a... Look up counsel in Wiktionary, the free dictionary. ... Queens Counsel (postnominal QC), during the reign of a male Sovereign known as Kings Counsel (KC), are barristers or, in Scotland, advocates appointed by Letters patent to be one of Her Majestys Counsel learned in the law. They do not constitute a separate order or degree of... William Rankine Milligan (12 December 1898 – 28 July 1975) was a Scottish Conservative politician and judge. ... Her Majestys Advocate, known as the Lord Advocate (Morair Tagraidh in Scottish Gaelic) is the chief legal adviser to the Scottish Executive and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. ... Wilfrid Guild Normand, Baron Normand, KC (1884 – 5 October 1962), was a Scottish politician and judge. ... Her Majestys Solicitor General for Scotland (Àrd-neach-lagha a Chrùin an Alba) is one of the Law Officers of the Crown, and the deputy of the Lord Advocate, whose duty is to advise the Crown and the Scottish Executive on Scots Law. ... The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ... James Latham McDiarmid Clyde, Lord Clyde (30 October 1898 - 30 June 1975) was a Scottish Unionist politician and judge. ... Her Majestys Advocate, known as the Lord Advocate (Morair Tagraidh in Scottish Gaelic) is the chief legal adviser to the Scottish Executive and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. ... The Lord President of the Court of Session is head of the judiciary in Scotland and presiding judge of the College of Justice and Court of Session. ...


Lord Atkin's "neighbour" principle

On 26 May 1932, Lord Atkin rose to deliver his speech to the House of Lords and reveal his "neighbour" principle to the rest of the world, derived from the Christian principle of loving your neighbour in Luke 10: is the 146th day of the year (147th in leap years) in the Gregorian calendar. ... Year 1932 (MCMXXXII) was a leap year starting on Friday (the link will display full 1932 calendar) of the Gregorian calendar. ... James Richard Atkin, Baron Atkin (November 28, 1867 - June 25, 1944) was an English jurist. ... For other uses, see Christian (disambiguation). ... Agapē (IPA: or IPA: ) (Gk. ... The Gospel of Luke is the third of the four canonical Gospels of the New Testament, which tell the story of Jesus life, death, and resurrection. ...

There must be, and is, some general conception of relations giving rise to a duty of care, of which the particular cases found in the books are but instances. ... The rule that you are to love your neighbour becomes in law you must not injure your neighbour; and the lawyer's question: Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be — persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question.

from the judgment (at 580) (emphasis added)

So David Stevenson should have been thinking about those who would drink his ginger beer when he was bottling it, whether they were his customers or not. Atkin went on:

…a manufacturer of products, which he sells in such a form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examination, and with knowledge that the absence of reasonable care in the preparation or putting up of products will result in an injury to the consumer's life or property, owes a duty to the consumer to take that reasonable care.

Lords Thankerton and MacMillan supported his opinion, but Lords Buckmaster and Tomlin were vigorously opposed. Buckmaster said it was impossible to accept such a wide proposition and (anticipating later "floodgates" arguments) it was difficult to see how trade could be carried on if it were the law. He also opined, as did Lord Tomlin, that there was no logical reason why such a law would be restricted to manufacturers of food. If a duty of care existed it seemed to Buckmaster that it must cover the construction of every article: "If one step, why not fifty?" Tomlin agreed and referred to a "recent" (1842) disaster on the Versailles Railway caused by a defective axle which, if Lord Atkin's principle were to be law, he feared, would allow every injured party to sue the axle manufacturer. 1842 was a common year starting on Saturday (see link for calendar). ... In materials science, fatigue is the progressive, localised, and permanent structural damage that occurs when a material is subjected to cyclic or fluctuating strains at nominal stresses that have maximum values less than (often much less than) the static yield strength of the material. ...


Despite such opposition Donoghue's legal team had won, albeit by the smallest of margins - three to two. The case was returned to Scotland for the Court of Session to apply the ruling to the facts of the case. In the event, this didn't happen. David Stevenson died within a year of the decision and his executors settled out of court, not for the original claim of £500 but £200.


See also

List of leading Scottish legal cases is a list of leading Scottish legal cases. ... MacPherson v. ...

References

  • Adler v. Dickson [1954] 1 W.L.R. 1482 at 1483 (Practice Note)
  • Heuston, R.F.V. Donoghue v. Stevenson in Retrospect (1957), 20 M.L.R. 1
  • Linden, Allen M. "The American Influence on Canadian Tort Law," 50 UCLA L. Rev. 407, 414 (2002).
  • Mrs. Donoghue's Journey, Martin R. Taylor QC, Scottish Council of Law Reporting
  • Original text of the case also from BAILII.org
  • Digital copies of the original court documents filed by the solicitors and advocates
  • Snail in a Bottle: Music video inspired by the decision

  Results from FactBites:
 
Donoghue v. Stevenson - Wikipedia, the free encyclopedia (1524 words)
Stevenson is the hatespring of the tortious principle of duty of care, the starting point for any action in negligence.
Stevenson’s legal team appealed Lord Moncrieff’s ruling on a number of legal grounds, and in November 1930 the appeal court judges granted the appeal and dismissed her claim as having no legal relevance.
Donoghue’s counsel argued that a manufacturer who puts a product intended for human consumption on to the market in a form that precludes examination before its use, is liable for any damage caused if he fails to exercise reasonable care to ensure it is fit for human consumption.
Supreme Court - Policy and the Swing of the Negligence Pendulum: Lawlink NSW (10088 words)
Donoghue v Stevenson began a sharp swing of the pendulum in favour of plaintiffs.
Hedley Byrne v Heller presaged an increase in the velocity of the pendulum as it moved in favour of plaintiffs.
In Lowns v Woods[80] a general practitioner was at his surgery one morning when a young woman not known to him knocked on his door and asked him to examine her brother who was lying on the roadway some 300 metres away, in the throes of an epileptic seizure.
  More results at FactBites »

 
 

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