What were the relevant facts in Donoghue v Stevenson?

Donoghue v. Stevenson, also known as the ‘snail in the bottle case’, is a significant case in Western law. The ruling in this case established the civil law tort of negligence and obliged businesses to observe a duty of care towards their customers. The events of the case took place in Paisley, Scotland in 1928.

How much did Mrs Donoghue claim?

She spent some time in the Glasgow Royal Infirmary recovering. Mrs Donoghue sued the maker of the ginger beer, Mr Stevenson for £500 (around £30,280.00 in today’s money3) for both the shock and severe stomach problems that she suffered.

Why was the plaintiff in Donoghue v Stevenson?

Mrs Donoghue took legal action against David Stevenson, the ginger beer manufacturer. As she could not afford to pay any security in the case of losing her appeal, Mrs Donoghue needed to prove she was a pauper (a poor person in need of legal charity) in order to have her case heard. Her petition described her poverty.

What is the Neighbour test in law?

It is known as the neighbour. test or neighbour principle. He said: “You must take reasonable care to avoid acts or omissions which you can. reasonably foresee would be likely to injure your neighbour.

Who is my Neighbour tort law?

A neighbour was identified as someone who was so closely and directly affected by the act that one ought to have them in contemplation as being so affected when directing one’s mind to the acts or omissions in question.

What does Torts stand for?

tort. n. from French for “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm.

Is the Neighbour principle still used?

The neighbour principle remains the foundation of the law on the duty of care, but it has been added to and refined by the courts over the years and thus should not be relied upon slavishly or in a blinkered fashion.

What is duty of care Neighbour principle?

“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.

Does a Neighbour have a duty of care?

Lord Atkin’s speech established a neighbour principle, or a general duty that individuals must take reasonable care in their actions or omissions, so as not to cause harm to others proximate to them.

What was the significance of the case of Donoghue v Stevenson?

The famous case of Donoghue v. Stevenson (1932) established the tort of negligence and obliged manufacturers to have a duty of care towards their customers.

What was the verdict in the Mrs Donoghue case?

Lords Buckmaster and Tomlin dismissed the appeal, which means they decided in favour of the defendant Mr Stevenson that there was no legal duty of care owed to Mrs Donoghue. The result was a majority 3: 2 decision in favour of Donoghue.

Who are the Lords in the Donoghue case?

There were five lords hearing this case in the House of Lords (the final civil appeal court for Scotland at this time). Three found in favour of Mrs Donoghue’s appeal, including Lord Atkin. The other two were Lords Thankerton and Macmillan.

What did the court find in Donoghue v Folkestone?

The court found that the defendant did not expect anyone would to go swimming during the winter therefore Mr Donoghue failed the second limb of the test, and by virtue of being a trespass Mr Donoghue is not owed a general duty of care that an OLA’57 claimant is owed (as per Lord Phillips)