ECON-1006EL Study Guide - Quiz Guide: Ginger Beer
12 Oct 2020
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Negligence is the breach of a legal duty to take care, which results in damage to a claimant. Donoghue v stevenson [1932] (note commentary/reference made in lectures 1 & 2) Claimant had gone to a cafe with a friend, who had bought her a drink of ginger beer. She had poured some of the drink into a glass and drunk it. When she poured the rest into the glass, she found the very unpleasant surprise of the decomposing remains of a dead snail. The hl held that the manufacturer did owe mrs donoghue a duty of care. As she was the end user of the product, she was somebody who the manufacturers could reasonably foresee would be affected by their manufacturing process. Lord atkin commented "the rule that you are to love your neighbour becomes in law, you must not injure your neighbour: and the lawyers question, who is my neighbour? receives a restricted reply.
