When was the English case of Donoghue v Stevenson decided?a)1952b)1942...
The English case of Donoghue v Stevenson is a landmark case in the development of the law of negligence. It was decided in 1932 by the House of Lords, the highest court in the United Kingdom.
Facts of the case
Mrs. Donoghue was drinking ginger beer at a café in Paisley, Scotland, when she discovered a decomposing snail in the bottle. She became ill and sued the manufacturer of the ginger beer, Mr. Stevenson, for damages.
Legal issue
The legal issue in the case was whether a manufacturer owes a duty of care to the consumer of his product, even though there is no contractual relationship between them.
Decision
The House of Lords held that a manufacturer owes a duty of care to the consumer of his product. Lord Atkin, who delivered the leading judgment, formulated the famous "neighbour principle", which states that "you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour".
Significance
The case of Donoghue v Stevenson is significant in several ways:
- It established the principle that a manufacturer owes a duty of care to the consumer of his product, even though there is no contractual relationship between them.
- It introduced the concept of negligence as an independent tort.
- It formulated the "neighbour principle", which has become a cornerstone of the law of negligence.
- It has been widely cited and applied in subsequent cases, both in the UK and in other common law jurisdictions.