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Donoghue v Stevenson [1932] AC 562 was a landmark court decision in Scots delict law and English tort law by the House of Lords.It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
As such, new categories of negligence evolved, as in Hedley Byrne & Co Ltd v Heller & Partners Ltd, [6] to cover different types of negligent acts, rather than a coherent doctrine or ratio being taken from Donoghue v Stevenson. [7]
The case of Donoghue v Stevenson [8] [1932] established the modern law of negligence, laying the foundations of the duty of care and the fault principle which, (through the Privy Council), have been adopted throughout the Commonwealth. May Donoghue and her friend were in a café in Paisley. The friend bought Mrs Donoghue a ginger beer float ...
France v James Coombes & Co [1929] AC 496, definition of employee and inequality of bargaining power under section 8 of the Trade Boards Act 1909; Bell v Lever Brothers Ltd [1932] AC 161, common mistake; Donoghue v Stevenson [1932] AC 562, negligence; Maritime National Fish Ltd v Ocean Trawlers Ltd [1935] UKPC 1, frustration
The tort of negligence is however increasing in importance over other types of tort, providing a wide scope of protection, especially since Donoghue v Stevenson. For liability under negligence, a duty of care must be established owed to a group of persons to which the victim belongs, a nebulous concept into which many other categories are being ...
Donoghue v Stevenson: 1932 A.C. 532 Lord Atkin's famous statement about duty of care in the tort of negligence. Bell v Lever Brothers: 1932 A.C. 161 Mutual mistake at common law Hillas v Arcos: 1932 All E.R. 494 The court may imply terms into a contract based on the previous business dealings of the parties. Woolmington v DPP: 1935 A.C. 462 H.L.(E)
Bethel v. New York City Transit Authority, 703 N.E.2d 1214 (1998) (Holding that the duty of care owed by common carriers is no longer the same as it was in the 19th century.) Donoghue v. Stevenson: A formative House of Lords case. Caparo v.
Stevenson – a friend of Ms. Donoghue bought her a bottle of ginger beer, which contained the partially decomposed remains of a snail. Since the contract was between her friend and the shop owner, Mrs. Donoghue could not sue under the contract, but it was established that the manufacturer was in breach of a duty of care owed to her.