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The Case of Donoghue V. Stevenson

            
             If you where to ask a lawyer today what case they think is the most famous case in legal history most would say without hesitation the case of Donoghue v. Stevenson. May Donoghue has had a huge impact on millions of people's lives around the world. Her story without doubt is one of the most famous in legal history. From a small town in Scotland all the way to the House of Lords in London. .
             It all started at the Welleadow café in Paisley August 1928 when a lady friend of Mrs. Donoghue purchased a "pear and ice- for herself and a bottle of ginger beer for May Donoghue. What they didn't know was that the bottle of ginger beer purchased for Mrs. Donoghue contained the remains of a decomposed snail. The ginger beer came in a dark brown coloured bottle this making it very hard to see through the bottle hence why they didn't notice the snail. As Mrs. Donoghue's lady friend poured the last of the bottles contents into Mrs. Donoghue's glass the remains of the decomposed snail flowed out. May Donoghue suffered from shock and severe gastro-enteritis. Because May Donoghue's lady friend purchased the bottle of ginger beer not Mrs. Donoghue herself she did not have a contract with the café owner so she could not sue under contact law. May Donoghue knew because she didn't buy the drink directly from the café owner he couldn't be held liable so she hired a lawyer to sue the manufacture, David Stevenson her argument was that he owed her a duty of care even though she did not have a contract with him. After four years of debate Mrs. Donoghue won her case against Mr. Stevenson. And the House of the Lords the highest court in London developed the new principle that everyone has a duty of care to avoid acts which are likely to harm your neighbour. Neighbour being any body close to you that will be likely to suffer harm from your actions. .
             If May Donoghue was the one that purchased the drink she would have been able to sue the café owner under contact law because the owner was in breach of the contract formed between him and the customer when he sold a product that was not fit for consumption.


Essays Related to The Case of Donoghue V. Stevenson

1. English Legal System and Judicial Precedent

Using the case, Donoghue V Stevenson (1932), in which the victim suffered injury as a result of the decomposing snail from the bottle of ginger beer, to illustrate how judicial precedent operates. ... The claim was successful, based on the precedent set by Donoghue v Stevenson. ... Therefore, with the application of stare decisis, the precedent set in Donoghue applies to the case Grant. ... In the criminal division, although it is generally bound by its past decision, however with the exceptions set out in Young V Bristol Aeroplane, and referring to R v Taylor (1950)3, the court of appeal must...

  • Word Count: 1319
  • Approx Pages: 5
  • Has Bibliography
  • Grade Level: Undergraduate

2. Relevent Torts (Negligence And Breach Of Care)

Precedent cases that can be taken into account would be Donoghue v, Stevenson (1932). ... Grant claimed damages against the manufacturer of the product on he basis of the case coming within the neighbour principle in Donoghue v. ... The decision was that the Privacy Council in England found this case came within the principle of Donoghue v. ... Lord Wright made the following point; "The principle in Donoghue v. ... This case is a perfect example for White v. ...

  • Word Count: 1672
  • Approx Pages: 7
  • Grade Level: High School

3. Does Australia Need a Bill Of Rights?

The Mabo v Queensland [No 2] (1992) 175 CLR 1, 42 decision came about after a very famous action which sought to recognize that Aboriginal people occupied and owned Australian land before White settlers came in 1788 and give rights to traditional land owners. ... The case Grant v Australian Knitting Mills (1936) AC 85, is a situation where consumer rights have been compromised. ... The common law from the England case Donoghue v Stevenson (1932) AC 562 was used to determine that the manufacturer has a duty of care over their consumers and the High Court ruled in favour of Mr Grant. This case d...

  • Word Count: 1187
  • Approx Pages: 5
  • Has Bibliography
  • Grade Level: Undergraduate

4. Remedies - Business and Company Law

What we have to clarify in Katie's case is if the document is contractual and would a reasonable person expect to find the terms and conditions in that document. ... Donoghue v Stevenson [1932] is very relevant to Katie's case as it was decided "manufacturers owe a duty of care to see that the ultimate users of their products are not injured by these products."" ... Causation in fact using the but for' method for determining in this case whether Derek's breach is a factual cause. ... Many well-known cases are very similar to Katie's who too had her belongings stol...

  • Word Count: 1995
  • Approx Pages: 8
  • Grade Level: High School

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