Donoghue v Stevenson Flashcards
A tort.
A civil wrong independent of a contract.
Facts.
Donoghue was brought a bottle of ginger beer by a friend. The drink had remains of snail in the liquid, which ultimately resulted in Donoghue becoming ill.
Who was the dissent?
Lord Buckmaster
The Dissent’s Decision
Buckmaster didn’t believe that Stevenson owed a duty to May Donoghue.
What does a dissent do?
The dissents decision in the Court of Appeal, tends to become the majority review in the High Court.
Distinguishing a Case
Case Analysis - apply or distinguish earlier cases.
Core - Concept - Distinguishing
The ration of earlier case doesn’t apply here, because the facts are sufficiently different.
What applicable common law did Buckmaster follow?
Winterbottom v Wright 1842. The Plaintiff was harmed whilst driving a faulty carriage, however there was no liability found on the defendant.
Policy Consideration
- Expansion - Chilling effect on society: so, a policy reason.
- Misapplying sale and purchase law to tort: can be no special duty applying to manufacture of food apart from that implied by contract or imposed by statute.
- Outrageous to impose a duty on a manufacturer in these circumstances.
Lord Atkins
Felt that Donoghue should be fairly compensated.
Rational for Atkin’s decision
- Love thy neighbour.
- Moral wrongdoer should pay.
- Must not injure your neighbour.
The Neighbour Principle
- Love thy neighbour. You must not injure your neighbour.
- Must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.
- Persons so closely and directly affected that I ought reasonably to have them in contemplation.
Neighbour Quote - Lord Atkin.
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.”
