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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.
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] 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 common law position regarding negligence recognised strict categories of negligence. In 1932, the duty of a care applied despite no prior relationship or interaction and was not constrained by privity of contract. [2] Here, a duty of care was found to be owed by a manufacturer to an end consumer, for negligence in the production of his goods.
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 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 ...
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]
At common law, duties were formerly limited to those with whom one was in privity one way or another, as exemplified by cases like Winterbottom v. Wright (1842). In the early 20th century, judges began to recognize that the cold realities of the Second Industrial Revolution (in which end users were frequently several parties removed from the original manufacturer) implied that enforcing the ...