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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.
Whereas Lord Atkin's neighbour principle emphasised a need for both a proximate relationship, as well as a foreseeability of harm, the Anns test did not make such a clear distinction. Richard Kidner has stated that this led the courts to sometimes ignore relevant policy considerations, [17] and to encourage "lazy thinking and woolly analysis". [18]
Atkin's grandson, by his daughter Lucy Atkin, was the politician and business leader Sir Toby Low, 1st Baron Aldington. [citation needed] Atkin enjoyed the music hall and in particular the humour of George Robey and Marie Lloyd. He and his wife were fond of entertaining at their succession of town homes in Kensington with musical evenings. [17]
— Lord Atkin, in Donoghue v Stevenson (1931), giving what would become a classic definition of the extent of the law of negligence. edit Selected quotations 2
Nevertheless, if that broad principle is approved and applied by later courts, then the principle will eventually be treated as ratio. 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 ...
Lord Salmon delivered a speech within which he agreed in substance with Lord Wilberforce but contained a separate analysis of, in particular, the issue of duty of care. Lord Wilberforce accepted what might be seen as the high point of the adoption of the statements of Lord Atkin in Donoghue v Stevenson, the "neighbour principle":
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.".
Lord Atkin held liability was "based upon a general public sentiment of moral wrongdoing for which the offender must pay" and people "must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour." By contrast, Lord Macmillan suggested that the law should protect Mrs Donoghue by ...