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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.
For cases before 2001, cite the best report. If referring to a particular page of the judgment, give that page number after the page number on which the report begins. The following citation refers to page 573 of the Donoghue v Stevenson judgment: Donoghue v Stevenson [1932] AC 562, 573. See Oxford Standard for the Citation of Legal Authorities
Tournier v National Provincial and Union Bank of England [1924] 1 KB 461; House of Lords and Privy Council. 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 ...
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.".
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 ...
The Privy Council rejected the attempts to distinguish Donoghue v Stevenson, stating "No distinction however, can be logically drawn for this purpose between a noxious thing taken internally and a noxious thing applied externally", [1]: CLR at p. 66 and that "The decision in Donoghue's Case did not depend on the bottle being stoppered and ...
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.
The first case to establish a general duty of care was Donoghue v Stevenson. [3] Famously, Mrs Donoghue claimed compensation for illness after she consumed a ginger beer containing a decomposed snail in a public house in Paisley, Scotland. The bottle was opaque so neither Mrs Donoghue nor the shopkeeper could see a snail, and at the time she ...