Which of the following is a leading case on tort of negligence?a)Bourh...
Donoghue v Stevenson was a landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
Which of the following is a leading case on tort of negligence?a)Bourh...
Donoghue v Stevenson is a leading case on the tort of negligence. This case set a precedent that established the principles of duty of care and foreseeability, which are fundamental in determining negligence in tort law.
- Background:
In 1928, Mrs. Donoghue visited a café in Paisley, Scotland, with a friend. Her friend ordered a ginger beer in a dark bottle, which was served to Mrs. Donoghue. After consuming some of the drink, she poured the remaining contents into a glass and discovered the decomposed remains of a snail in it. As a result, she suffered from shock and gastroenteritis.
- The Decision:
Mrs. Donoghue sued the manufacturer of the ginger beer, Mr. Stevenson, claiming that he owed her a duty of care to ensure that the product was safe for consumption. The case eventually reached the House of Lords, which held that Mr. Stevenson did owe a duty of care to Mrs. Donoghue and that he was negligent in the production and sale of the ginger beer.
- The Principles Established:
The House of Lords decision in Donoghue v Stevenson established several key principles in the tort of negligence:
1. Duty of Care: The case clarified that a duty of care can exist between parties even in the absence of a contractual relationship. It established the principle that individuals have a duty to take reasonable care to avoid acts or omissions that could reasonably be foreseen to cause harm to others.
2. Foreseeability: The case emphasized the importance of foreseeability in establishing a duty of care. It held that a person owes a duty of care to others if it is reasonably foreseeable that their actions or omissions could cause harm.
3. Proximity: The case introduced the concept of legal proximity, which refers to the relationship between the parties involved. It stated that a duty of care can exist when there is a close and direct relationship between the parties, such as a manufacturer and a consumer.
4. Manufacturer's Liability: Donoghue v Stevenson also expanded the concept of negligence to include liability for manufacturers. It established that manufacturers have a duty to produce goods that are safe for consumers and that they can be held liable for any harm caused by their products.
- Significance:
Donoghue v Stevenson has had a profound impact on the development of negligence law and has been widely cited and followed in subsequent cases. It established the modern tort of negligence and provided a framework for determining liability in cases involving negligence. The principles established in this case continue to be applied in courts around the world today.
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