Donoghue v stevenson case summary

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donoghue v stevenson case summary

Donoghue V. Stevenson and the Modern Law of Negligence: The Paisley Papers : the Proceedings of the Paisley Conference on the Law of Negligence by Peter T. Burns

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Published 15.12.2018

1. Donoghue v. Stevenson: The History of Law Reporting

Donoghue v Stevenson [] UKHL was a landmark court decision in Scots delict law . Stevenson appealed the case to the Inner House, where it was heard by the same four judges who had found against Mullen: Lord Alness (the Lord.
Peter T. Burns

Donoghue V Stevenson 1932

The case of Donoghue v Stevenson is very important, as it set a major precedent - the legal concept of duty of care. In the case, the judge, Lord Aitken, defined the " neighbour " principle. 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 contemplation ". What all of us now have to take from this case is that as we go about our work, our leisure and our life in general, we must think about the safety of people around us our neighbours. We cannot simply organise sport activities with no regard to the safety of all participants, including spectators. We cannot perform work duties without concern for our fellow workers or our clients. We cannot leave uncovered holes in the footpath, or fail to shut gates where animals are restrained, or leave hazardous chemicals lying around.

Please read them to help you prepare. The main legal principles are those underlying the original case of Donoghue v Stevenson S. In that case The House of Lords held decided :—. Where the manufacturer of a product intended for human consumption sends it out in a form which shows that he means it to reach the ultimate consumer in the form in which it left his factory, with no reasonable possibility of intermediate examination by the retailer or consumer, and with the knowledge that want of reasonable care on his part in the preparation of the product may result in injury to the consumer, the manufacturer owes a duty to the consumer to take such care, and will be liable to the latter, in damages if he suffers injury through the failure to take such care. Who, then, in law is my neighbour? The answer seems to be — persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts and omissions which are called in question. Those principles still lie at the heart of the modern common law of negligence and consumer protection.

Case Summary of Donoghue v Stevenson [] A.C. , [] UKHL , S.C. 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. At this point, the decomposed remains of a.
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It laid the foundation of the modern law of negligence , establishing general principles of the duty of care. A dead snail was in the bottle. She fell ill, and she sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached, because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm to consumers. There was also a sufficiently proximate relationship between consumers and product manufacturers.

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