Donoghue v Stevenson 1932

Question 1

Summary

Answer 1

Donoghue was having a drink with a friend. The friend bought Donoghue a ginger beer float. A decomposed snail was found in the bottle. She claimed it made her feel very ill.

Question 2

Relevant part of Law

Answer 2

Duty of care only exists when there is a contract,

Question 3

Issue

Answer 3

Donoghue did not purchase ginger beer so no contract existed.

Question 4

Key Outcome

Answer 4

A person owes a duty of care to his or her legal neighbour. This is defined as anyone who he or she can reasonably foresee as likely to be injured by his or her act or omission. Established Tort of Negligence.