Persuasive Precedent Flashcards
What is a persuasion precedent?
A reason for a decision of another court that is of persuasive value only ( not binding )
In Donoghue V. Stevenson what did Donoghue drink?
Half a bottle of ginger beer
Describe the bottle which held the ginger beer
Was dark opaque glass and impossible to see the contents
What did Donoghue find in the bottle of ginger beer?
A decomposed snail
What happened to Donoghue after drinking the ginger beer?
She became very ill
What did the court look back on?
Previous cases where there was an element of negligence claimed
What was there no established precedent on in that time period?
Negligence
What case with Donoghue V. Stevenson persuasive on?
Grant V. Australian Knitting Mills
How did Grant V. Australian Knitting Mills follow the decision of Donoghue V. Stevenson
In that the manufacturer owed a duty of care to the ultimate consumer
