The delict of negligence (A)

Question 1

Donoghue v Stevenson 1932 SC (HL) 31, 1932 SLT 317.

Answer 1

• Donoghue’s friend bought her a bottle of ginger beer.
• A decomposing snail comes out of the bottle.
• Her friend was the one with the contract with Mr Minghella, the cafe owner.
• Using delictual liability as opposed to a contractual obligation.
• Donoghue won at CSOH, lost at CSIH.
• HoL ruled that the manufacturer of food or drink products owes liability to the ultimate consumer when latent defects cause harm and loss.

Question 2

What did Lord MacMillan of Aberfeldy say in his judgment in D v S?

Answer 2

Whether a reasonable person determines that a duty of care exists in such a relationship that there should be liability.
Any relationship imposes a DoC.

Question 3

What did Lord Atkin say in his judgment in D v S (44)?

Answer 3

NEIGHBOURHOOD PRINCIPLE!!
“You must take reasonable care to avoid acts or omissions which you can reasonable foresee would be likely to injure your neighbour.”
Who is your neighbour?
“Persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation when I am directing my mind to the acts or omissions which are called in question.”