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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. Relevent Torts (Negligence And Breach Of Care)

... which it left his factory. Dr. Grant claimed damages against the manufacturer of the product on he basis of the case coming within the neighbour principle in Donoghue v. Stevenson and damages claim in contract against the retailer who sold the underpants to him. The decision was that the Privacy Council in England found this case came within the principle of Donoghue v. Stevenson. The manufacturer was responsible for the defect in the garments because it was a hidden defect that could not be ... examined that could reasonably be made by the retailer. The underwear was made for the purpo...

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

2. Does Australia Need a Bill Of Rights?

... no room for discrimination of any kind. The case Grant v Australian Knitting Mills (1936) AC 85, is a situation where consumer rights have been compromised. Mr Grant developed dermatitis after purchasing underwear from Australian Knitting Mills, and subsequently sued them for breaching their duty of care. 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 demonstrated the use of common law and precedent to make a decision ...

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

3. English Legal System and Judicial Precedent

... courts which known as Ratio Decideni, there is also the persuasive part of the judgment which is Obiter Dictum, serving persuasively for later similar cases to consider. 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 House of Lords held that manufacturers have the duty to make sure their products are safe to ... bought some underwear which caused dermatitis. The claim was successful, based on the precedent set by Donoghue v Stevenson. ...

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

4. Remedies - Business and Company Law

... must consider the three elements of negligence; firstly did Derek owe Katie a duty of care? Secondly did Derek breach this duty? Thirdly was a foreseeable type of damage caused by the breach? Derek's legal responsibility in having had the go-kart serviced before hiring it out. 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."" E. Macintyre (2001). Here the Neighbour Principle' was cited "to take reasonable ... ...

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

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