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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.
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.
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]
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)
The establishment of a duty of care is usually broken up into a three-step test. 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 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 ...
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.".
George v Skivington represented the first time in British common law, a third party or persons, which was not directly involved in the incident. The decision was used by Mrs Donoghue in the 1932 case Donoghue v Stevenson, as a precedent to support her case. This case supported Mrs Donoghue's claim that manufacturers owed a duty of care to the ...