LLB1100 Lecture Notes - Lecture 8: Ginger Beer, Gastroenteritis
Document Summary
Donoghue v stevenson [1932] ac 562 (pages 562-600) The material facts: on the 26 august, 1928 donoghue and a friend were at a caf in glasgow. Donoghue"s companion ordered and paid for a bottle of ginger beer for donoghue. The ginger beer was in an opaque bottle. Donoghue drank some of the contents and her friend lifted the bottle to pour the remainder of the ginger beer into the tumbler. The remains of a snail in a state of decomposition dropped out of the bottle into the tumbler. Donoghue later complained of stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. Donoghue sued stevenson, the manufacturer of the drink, for negligence. The legal issue: mrs d didn"t have a contract with the caf " owner. Fill in the table below to get you started .