Case Study #2

Use Template to complete the case study - 10%

Donoghue v Stevenson, [1932] AC 562

On Sunday 26th August 1928 May Donoghue sat in a caf with a friend. The friend ordered and paid for some ginger beer, which came in a bottle made from dark opaque glass. Donoghue drank some of the contents then her friend proceeded to pour the remainder of the contents of the bottle into the tumbler when a snail, which was beginning to rot, floated out of the bottle.

Mrs. Donoghue claimed that she was made ill both by what she had seen and by what she feared she had eaten: namely, the rotting carcass of a presumed gastropod. She later fell ill and a physician diagnosed her with gastroenteritis. She commenced a claim against the manufacturer of the ginger beer. The court denied her claim on the grounds that the manufacturer did not owe her a duty of care. The court found that a duty of care was limited to specific circumstances such as a contractual relationship between parties or where the manufacturer was making an inherently dangerous product or acting fraudulently. This decision was appealed and the case went all the way to the House of Lords where they ruled in favour for Donoghue. It was the speech of Lord Atkins that was most influential. 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, then, in law is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.'' And so, for Donoghue, it was determined that a manufacturer of products such as ginger beer, which was intended to reach consumer, owes a duty of care to anyone who many consume it.

This `neighbour principle' was, and to a certain extent still is, the foundation of the modern law

The facts (5 marks)

In your own words, describe what happens in the case in plain English.

2. The issue(s) (5 marks)

Make sure it is in question format.

3. The courts decision (1 mark)

What did the court decide?

4. The courts reasoning supporting the decision (3 marks)

What were the courts reason for their decision?

5. Conclusion: Do you agree with the outcome? Why or why not? Justify your answer. (6 marks)

a) Agree/not (1 mark)

b) Why or why not 2 marks)

c) Your own personal justification/rationale expandingon why or why not (3 marks)