She suffered great mental shock and severe gastroenteritis. It laid the foundation of the modern law of negligence, establishing general principles of the duty of care. Donoghue v stevenson 1932 ac 562 house of lords mrs donoghue went to a cafe with a friend. In this video, we begin this series by simplifying the seminal case of donoghue v stevenson 1932 ukhl 100. She sought damages against the manufacturer, stevenson, from the resulting nervous shock and gastroenteritis, which she claimed was caused through the incident. The friend ordered and paid for a bottle of ginger of beer for donoghue. Discuss the significance of donoghue v stevenson to the. Donoghue attempted to claim against the manufacturer of the ginger beer stevenson claimed that he owed her a duty. Donoghue v stevenson 1932 ac 562 was a foundational decision in scots delict law and english tort law by the house of lords.
Donoghue v stevenson laid the foundation for the modern law of negligence and established the principles of the duty of care. The events of the case took place in paisley, scotland in 1928. Now the issue before all the courts was a purely legal one. Donoghue or mcalister v stevenson, 1932 all er rep 1. May donoghue has had a huge impact on millions of peoples lives around the world. The courts in hearing this case found that the manufacturer owed donoghue a duty of care as she was their neighbour someone who was affected by your acts or omissions and they were reckless. If there were indeed a duty not to cause damage to another carelessly, there would be no need to establish the existence of a duty in each case, since this would be implied in all situations. Donoghue v stevenson 1932 ac 562 sir harry gibbs legal.
Animated video of one of the leading case of donoghue versus stevenson 1932 in simple, easiest and animated form to know the brief about the case by animated legal cases. This is one in a series of videos exploring the case of donoghue v stevenson 1932 ac 562. Donoghue v stevenson 1932 ukhl 100 was a landmark court decision in scots delict law and english tort law by the house of lords. Download my very first guest appearance on a podcast. The plaintiff donoghue received a ginger beer bottle bought for her by a friend from a cafe. The story of donoghue v stevenson 1932 ac 562 duration. Donoghues journey fired my imagination and the concepts of duty of care, foreseeability, and proximity seemed no less magical than the transmutation of base metals into noble ones. The dispute was ruled in favour of the plaintiff donoghue, which consequently established the modern concept of negligence. A fun shortfilm recreating the events of the famous case of donoghue v stevenson 1932. Negligence caparo test proximity simple question negligence duty of care answering technique urgent donoghue v stevenson case duty of care tort law negligence problem question. Donoghue v stevenson 1932 ukhl 100 was a foundational decision in scots delict law and english tort law by the house of lords. It made legal history in the 1932 case of donoghue v stevenson.
It begins on an unremarkable sunday evening on 26th august 1928. When the bottle arrived, the waiter poured a portion into a glass tumbler. Donoghue v stevenson made it clear that, even without a contract between the parties, a duty of care is owed by a to take reasonable care to avoid acts or. His enthusiasm for the famous scottish case of donoghue v stevenson 1932 s.
Since appearing on youtube on 2 march 2007, a donoghue v stevensoninspired parody of the polices message in a bottle has. Its the 7 year anniversary of the best law video ever made legal. The mollusc in question was a common snail that ended its days in a bottle of ginger beer. Sir harry gibbs legal heritage centre supreme court. Its the 7 year anniversary of the best law video ever made. Before the caparo test, the donoghue v stevenson test neighbourhood principle per lord atkin was used to establish negligence. The principle established in donoghue v stevenson was seen as an important milestone in the history of tort law as it was the first successful attempt to set out a general principle with respect to the concept of the duty of care. Stevenson has not only influenced the english product liability law. Section a question 1 a in the case of donohue v stevenson1, donohue won the case. The case of donoghue v stevenson 1932 is very important, as it set a major precedent the legal concept of duty of care in the 1932 case, the judge, lord aitken, defined the neighbour principle. Skivington where there was an injury to one person, the wife, and a contract of salewhere there was an injury to one person, the wife, and a contract of sale. The ginger beer came in an opaque bottle so that the contents could not be seen. Donoghues friend purchased her a bottle of ginger beer.
Lords buckmaster and tomlin dismissed the appeal, which means they decided in favour of the defendant mr stevenson that there was no legal duty of care owed to mrs donoghue. As a result of the remain, donoghue suffered from nervous shock and gastroenteritis. Bbc news the legal case of the snail found in ginger beer. Due to a change of staff in the university of otago law faculty, the. Matthews referred to last was raised in the case of george v. Lord aitken stated that a neighbour was anyone who is so closely and directly affected by my act, or failure to act, that i ought reasonably to have them in my. Tort law duty of care neighbour principle main arguments in this case. Lord atkins judgement in donoghue vs stevenson ukhl 100 coursework sample instructions.
The ginger beer came in a dark bottle, and the contents were not visible from the outside. Donoghue, a scottish dispute, is a famous case in english law which was instrumental in shaping the law of tort and the doctrine of negligence in particular. Business law donoghue v stevenson case study essay bartleby. Critically analyze this statement in the light of lord atkins judgement in donoghue v stevenson 1932 ukhl 100 250 words for it. An independent tort which consists of a breach of legal duty to take care which results in damage undesired by the defendant. Donoghue v stevenson, uk law online 1 of 30 11142003 9.
In the initial hearing, the judge found in favour of the pursuer mrs donoghue. She drank some of it, and found out that there are remains of a decomposed snail in it. In 1932 lord atkin handed down a judgment that would become one of the most significant cases of the common law world, donoghue v stevenson. The singular case of donoghue v stevenson matthew chapman on. Needless to say, i was in, even before gaining a full appreciation of martins mastery of the subject of donoghue v. Donoghue v stevenson the case about the snail in the ginger beer in a wee cafe in paisley. Look up the case of donoghue v stevenson 1932 ac 562.
Donoghue consumed some of the product after which the decomposed remains of a snail emerged from the bottle when the remaining ginger beer was poured into her glass. Please replace this template with a more specific media request template where possible wikipedians in scotland may be able to help the free image search tool may be able to locate suitable images on flickr and other web sites. Donoghue v stevenson donoghue sued the manufacturer of a bottle of ginger beer that she drank which contained snail remnants. A night out in paisley on the evening in question, may donoghue, at that time a 30yearold shop assistant, boarded a tram in glasgow for the thirtyminute journey to.
Donoghues companion ordered and paid for her drink. Mrs donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle. Donoghue v stevenson is an incredibly significant case in the development of the law. Donoghue v stevenson project gutenberg selfpublishing. The case of donoghue v stevenson is widely known in legal circles, not just in scotland and the uk but throughout the world, as the source of the modern law of negligence. It is requested that an image or photograph of the new memorial to donoghue v stevenson, located in paisley, be included in this article to improve its quality. If you where to ask a lawyer today what case they think is the most famous case in legal history most would say without hesitation the case of donoghue v. However, later the courts started to acknowledge that the neighbour principle was too simplistic and limited in scope. Discover an online course and start learning a new skill today free 100%. Donoghue v stevenson 1932 this piece will move towards english tort law and scots delict law by taking a view at the famous donoghue v stevenson case. Stevenson, also known as the snail in the bottle case, is a significant case in western law.
In introducing negligence as a tort in its own right, it has not only increased available remedies but also taken over other fields where it. The ruling in this case established the civil law tort of negligence and obliged businesses to observe a duty of care towards their customers. It laid the foundational principle for the modern law of negligence. The ratio decidendi in the case was that the liability of negligence did not depend on the contractual relationship and that stevenson owed the duty of care to donohue as a manufacturer, not to cause foreseeable injuries to the users of the products. Visit our learning resources page for videos, papers and worksheets.
The cafe purchased the product from a distributor that purchased it from stevenson. View on westlaw or start a free trial today, donoghue v stevenson 1932 a. It is perhaps most well known for the statement of lord aitkins regarding the existence of. Then came the test in anns v merton which was overruled by murphy v. Negligence as a mode of committing certain torts trespass, nuisance or defamation. This was appealed successfully by the defendant, mr stevenson, to a higher court. Many treat donoghue as if it were the greatest of all great cases. It sets donoghue v stevenson in its historical context and reevaluates the evidence.
Donoghue v stevenson 1932 ac 562 chapter 4 page 165 relevant facts on 26 august 1928, may donoghue met a friend at a cafe in paisley. The drink was manufactured by the defendant stevenson. Presented by dr professor kit barker, the university of queensland. Donoghue drank some of the contents and her friend lifted the bottle to pour. Donoghue v stevenson 1932 case summary webstroke law. Get your kindle here, or download a free kindle reading app. It created the modern concept of negligence, by setting out general principles whereby one person would owe a duty of care to another person also known as the paisley snail 5 6 or snail in the bottle case, the facts involved mrs donoghue drinking a bottle of. The snail and the ginger beer tells the full story of this remarkable case. Secondly, there has been some dispute about the facts. A majority decision is enough to decide the law and is one. The case of donoghue v stevenson 1932 ukhl 100 is one of the celebrated cases that must be mentioned when determining when a duty of care exist in negligence. Mrs donoghue sued mr stevenson based on the law of delict referred to as the law of negligence in england and wales. The bottle contained the decomposing remains of a snail though this was not visible. Donoghue v stevenson 1932 law of tort legal case youtube.
178 640 135 162 773 153 1529 477 456 695 1388 825 1115 1557 668 85 1440 471 385 1318 1445 965 824 336 1271 1346 773 948 487 318