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    Donoghue

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    uzi500g

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    Donoghue

    Uploaded by

    uzi500g
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    4 views2 pages

    Donoghue

    Uploaded by

    uzi500g

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Donoghue V/S Stevenson

    Facts of the Case:


    In 1928, Mrs. Donoghue visited a café in Paisley, Scotland, with a friend. The
    friend bought her a bottle of ginger beer, manufactured by Stevenson, which was
    served in an opaque bottle. Mrs. Donoghue poured some of the beer into a glass
    and drank it. When she poured the remainder, a decomposed snail emerged from
    the bottle. As a result, Mrs. Donoghue suffered from shock and gastroenteritis.
    Since she had not bought the drink herself (her friend did), she couldn't claim a
    breach of contract, so she sued the manufacturer, Stevenson, for negligence.
    Arguments:
     For: Donoghue (Plaintiff)
    o The manufacturer owed a duty of care to consumers to ensure that
    their products were safe.
    o The presence of the snail was a breach of that duty, leading to injury
    (shock and illness).
    o Since the bottle was opaque, there was no way for the café owner or
    consumer to inspect the product before consumption.
     Against: Stevenson (Defendant)
    o The manufacturer argued that they had no direct contract with Mrs.
    Donoghue since she hadn't bought the ginger beer herself.
    o Stevenson also argued that they could not be held liable for every
    possible consequence of their product once it left their factory.
    Judgement:
    The House of Lords, in a landmark decision, ruled in favor of Mrs. Donoghue. The
    court held that Stevenson, as a manufacturer, owed a duty of care to the ultimate
    consumers of his products. This duty was independent of any contract, meaning a
    manufacturer must ensure that products do not cause harm when it is reasonably
    foreseeable that failure to ensure safety could result in injury. This ruling
    established the principle of the "neighbor principle": individuals must take
    reasonable care to avoid acts or omissions that could foreseeably harm others.

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