Search results
Results From The WOW.Com Content Network
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.
Lord Atkin's speech established a neighbour principle, [4] or a general duty that individuals must take reasonable care in their actions or omissions, so as not to cause harm to others proximate to them. It did not matter that Mrs Donoghue was unidentified or unknown to the manufacturer; as the type of harm which occurred was foreseeable ...
A plaque was erected in 2012 at the Harry Gibbs Commonwealth Law Courts Building – built upon the land where Ellandale cottage once stood – commemorating the birthplace of Lord Atkin, placed on the 145th anniversary of his birth and the 80th anniversary of his judgement Donoghue v Stevenson. [2]
By contrast, Lord Macmillan suggested that the law should protect Mrs Donoghue by incremental analogy to previous cases. [4] Nevertheless, Lord Atkin's speech was widely followed and was understood to contain three main points for establishing a duty of care.
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)
A particular example is the broad "neighbour principle", enunciated by Lord Atkin in Donoghue v Stevenson 1932, which has become the basis of the modern law of negligence. When judges may face conflicting precedents, they may select the preferable case. [7]
Donoghue v Stevenson [1932] S.C.(H.L.) 31: Lord Atkin established the neighbour principle as the foundation of the modern Scots delict (English tort) of negligence. This case used a wide ratio decidendi, which was held later as obiter, but established the principle of "duty of care.".
Product liability was the context in which the general duty of care first developed. Manufacturers owe a duty of care to consumers who ultimately purchase and use the products. In the case of Donoghue v Stevenson [1932] AC 562 of the House of Lords, Lord Atkin stated: