
	Where results make sense

Topic: Donoghue v stevenson

Related Topics

Negligence

Scots law

Law of obligations

Common law

Udal Law

Case law

Maritime law

House of Lords

English Law

Contributory negligence

Contract

Civil law

Book collecting

List of business law topics

Steganography

In the News (Sat 28 Nov 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	Donoghue v. Stevenson - Wikipedia, the free encyclopedia
		Stevenson is the hatespring of the tortious principle of duty of care, the starting point for any action in negligence.
		Stevenson’s legal team appealed Lord Moncrieff’s ruling on a number of legal grounds, and in November 1930 the appeal court judges granted the appeal and dismissed her claim as having no legal relevance.
		Donoghue’s counsel argued that a manufacturer who puts a product intended for human consumption on to the market in a form that precludes examination before its use, is liable for any damage caused if he fails to exercise reasonable care to ensure it is fit for human consumption.
	en.wikipedia.org /wiki/Donoghue_v._Stevenson (1524 words)

	Supreme Court - Policy and the Swing of the Negligence Pendulum: Lawlink NSW
		Donoghue v Stevenson began a sharp swing of the pendulum in favour of plaintiffs.
		Hedley Byrne v Heller presaged an increase in the velocity of the pendulum as it moved in favour of plaintiffs.
		In Lowns v Woods[80] a general practitioner was at his surgery one morning when a young woman not known to him knocked on his door and asked him to examine her brother who was lying on the roadway some 300 metres away, in the throes of an epileptic seizure.
	www.lawlink.nsw.gov.au /sc/sc.nsf/pages/Ipp_030915 (10088 words)

	BUSINESS LAW: LECTURE 5: LAW OF TORT – DUTY OF CARE, HARM, STANDARD OF CARE, CAUSATION, REMOTENESS, RELATIONSHIP ...
		Donoghue v Stevenson sought to limit its application to personal injuries alone.' Over 30 years passed before it was considered applicable to claims for economic loss at all as in
		Burton v Islington Health Authority [1992] 3 All ER 833 the Court of Appeal finally held that a duty is owed to the unborn child which crystallises on the live birth of the child.
		In Paris v Stepney Borough Council the Court of Appeal had held that, where the disability of a workman did not increase the risk of an accident, but only increased the risk of serious injury if such an accident did befall him, the disability was irrelevant in determining the standard of care.
	www.ecolegal2001.com /bus.law.5.outline.2004.htm (5943 words)

	DONOGHUE v. STEVENSON AND THE RESUCE DOCTRINE: A PUBLIC JUSTIFICATION OF RECOVERY IN SITUATIONS INVOLVING THE NEGLIGENT ... (Site not responding. Last check: 2007-10-13)
		Stevenson was for the appellant's shock and severe gastro-enteritis, not for the cost and replacement of her ginger beer.
		Stevenson says that when one attempts to use a product that is advertised as safe and presented in a way such that it may not be inspected, third parties may rely that the product will not harm them.
		The Willemstad (1976), 136 C.L.R. 529 and Bryan v.
	www.utpjournals.com /product/utlj/494/494_neyers.html (15803 words)

	Robin Evans-Jones, 'Roman Law in Britain' (2000)
		Mrs Donoghue drank part of a bottle of ginger beer bought for her by a friend when they were taking refreshments in a cafe in Paisley.
		Mrs Donoghue sustained shock (presumably from the sight of the snail) and illness from the contents she had drunk and raised a claim in delict against the manufacturer for compensation.
		Donoghue is therefore best seen, not as an example of the Common law developing in isolation, but as an important occasion on which the House of Lords founded upon the principle of the Civil law [97], and developed it through the pragmatism [98] of the Common law in the development of one law for Britain.
	www.iuscivile.com /materials/reprints/ej-1.htm (11748 words)

	Donoghue v. Stevenson (1932) : Prints : Lawyer Gifts (Site not responding. Last check: 2007-10-13)
		Donoghue was a Scottish store clerk in her early 30s.
		Her solicitor issued a writ against David Stevenson, claiming 500 UK pounds in damages & costs.
		However, during the case it was alleged that the factory had become a place to which "snails had freedom of access" and "where snails & the slimy trails of snails were frequently found".
	www.lawyer-jokes.us /lawyer-gifts/gift-details/Donoghue-v.-Stevenson--1932-.html (194 words)

	Donoghue v. Stevenson [1932]: part 2
		This is obviously to exclude the possibility of goods having their condition altered by lapse of time, and to call attention to the proximate relationship, which may be too remote where inspection even of the person using, certainly of an intermediate person, may reasonably be interposed.
		It is sometimes said that the liability in these cases depends upon an invitation by the defendant to the plaintiff to use his chattel.
		It was held that the wife was not a party to the contract, and that the well known absence of any duty in respect of the letting an unfurnished house prevented her from relying on any cause of action for negligence.
	www.lawrence.edu /fast/boardmaw/DONOGH_Pt2.html (5349 words)

	Donoghue v. Stevenson [1932] part 1
		When a manufacturer puts upon a market an article intended for human consumption in a form which precludes the possibility of an examination of the article by the retailer or the consumer, he is liable to the consumer for not taking reasonable care to see that the article is not injurious to health.
		Skivington[29] is the one nearest to the present, and without that case, and the statement of Cleasby B. in Francis v.
		Pender [64] was not a decision of the Court, and that it was subsequently qualified and explained by Lord Esher himself in Le Lievre v.
	www.lawrence.edu /fast/boardmaw/Donogh_Pt1.html (4233 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		Stevenson the House of Lords revolutionized the common law by replacing the old categories of tort recovery with a single comprehensive principle -- the negligence principle.
		Stevenson foreseeability-negligence test, no matter how it is phrased, conceals a balancing of interests.
		V. Application of the Test 40 The appellants submit that the Registrar of Mortgage Brokers owed them, as investors with a firm falling under the Registrar's administrative mandate, a duty of care giving rise to liability for negligence and damages for losses that they sustained.
	www.lexum.umontreal.ca /csc-scc/en/pub/2001/vol3/texte/2001scr3_0537.txt (6785 words)

	Faculty of Law - University of Alberta (Site not responding. Last check: 2007-10-13)
		Although, as before, the subject matter dealt with in these objectives may vary from the specific and concrete to the complex and abstract, here it is not the nature of the subject matter which determines the complexity of the learning behaviour; rather, it is the nature of the behaviour itself.
		Stevenson when presented with a problem in which a man is injured when a defective light bulb explodes in his study and he wishes to know if he can sue the manufacturer.
		Stevenson, which parts of the judgment are obiter dicta and which parts are rationes decidendi.
	www.law.ualberta.ca /courses/ziff/petter_article.htm (1633 words)

	SCLR - Key Cases - Donoghue v. Stevenson Case Report
		On 9th April 1929 Mrs Mary M'Alister or Donoghue brought an action against David Stevenson aerated water manufacturer Paisley, in which she claimed £500 as damages for injuries sustained by her through drinking ginger beer which had been manufactured by the defender.
		In that case a firm of stevedores employed to unload a cargo of maize in bags provided the rope slings by which the cargo was raised to the ship's deck by their own men using the ship's tackle, and then transported to the dockside by the shore porters, of whom the pursuer was one.
		With all respect, I think that the judgments in the case err by seeking to confine the law to rigid and exclusive categories, and by not giving sufficient attention to the general principle which governs the whole law of negligence, i.e., the duty owed to those who will be immediately injured by lack of care.
	www.scottishlawreports.org.uk /resources/keycases/dvs/donoghue-v-stevenson-report.html (14195 words)

	Duty of Care - Macroberts - JISC Legal Information Service
		When Donoghue was decided it was thought that duty of care would only be applicable to physical injury and damage to property, however this has now been extended, in some circumstances, to where there is only pure economic loss.
		This case concerned the alleged breach of a duty of care by an educational psychologist in failing to exercise due skill and care in the performance of her duties.
		Donoghue is seen as establishing a general duty to take reasonable care to avoid foreseeable physical injury to a person or damage to property.
	www.jisc.ac.uk /legal/index.cfm?name=lis_duty_of_care (4963 words)

	The Law Relating to The Liability of Builders Vendors and Lessors for the Quality and Fitness of Premises
		Stevenson never applied to realty was a proposition with which he could not agree.
		Stevenson was not cited or argued in Brown v Norton.
		Stevenson in England was amply attested to in cases such as Otto v.
	www.lawreform.ie /publications/data/volume1/lrc_2.html (11197 words)

	[No title] (Site not responding. Last check: 2007-10-13)
		Dow Corning SM 70 The principle that when a plaintiff is seriously disadvantaged in proving her case, though no fault of her own, the penalty should fall on the negligent defendant who created the problem.
		Rea CB 255 (collision of two cars in middle of the road Where there is clearly fault, in the absence of any evidence enabling the court to draw a distinction between the parties at fault, they must be held both to blame and equally to blame.
		Lord Advocate CB 331 (manhole open/flares around) As long as ultimate consequence is linked up to the negligence and is foreseeable the extent of the harm or the manner in which it occurs, which are not foreseeable, does not matter.
	www.fp.ucalgary.ca /womeninlaw/cans/Torts/tortfall.doc (8907 words)

	Wragge & Co - News
		The two judgments in question are Samuel Payne v John Setchell Ltd and Tesco Stores Ltd v Costain Construction Ltd. [1] In both cases, the judges looked at the development of the law of negligence, and considered the extent to which builders in construction cases should be liable for losses classified as economic.
		Lord Keith, in the leading speech, cited Donoghue v Stevenson,[9] in which Lord Atkin stated that the law of negligence was based on the precept that you must take "reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour".
		The judge in Tesco went further than that and said that, in his view, Henderson v Merrett Syndicates Ltd[13] was authority for the very broad proposition that a duty not to cause economic loss could be imposed simply by virtue of the existence of a contract containing a reasonable skill and care term.
	www.wragge.com /news/default_4778.html (2918 words)

	RETHINKING WINNIPEG CONDOMINIUM: RESTITUTION, ECONOMIC LOSS, AND ANTICIPATORY REPAIRS† (Site not responding. Last check: 2007-10-13)
		Stevenson suggests that some better resolution should be possible, that we should be able to arrive at an accord between sound common sense and legal principle.
		Stevenson, Lord Atkin is in part inspired by the ambition of achieving a reconciliation of legal principles and sound common sense.
		Similarly, she later points out that while the general principle has grown out of the traditional categories and is thus informed by them, it is nonetheless capable of going beyond them and of allowing the law to develop in a way that may be more responsive to the requirements of justice (at 788).
	www.utpjournals.com /product/utlj/471/471_moran.html (16915 words)

	[No title]
		Evans failed to establish whether the accident was the result of the windscreen being fitted carelessly by the manufacturer of the car or whether it was due to a defect in the windscreen caused by the negligence of the defendant.
		Finally, there is no liability under Donoghue v Stevenson if the only loss suffered by the pursuer arises from the fact that the product itself is defective, ie the cost of repair or the difference in value between a defective and a non-defective product.
		Worsley v Tambrands Ltd [2000] PIQR 95 (the manufacturer’s warnings of the risk of toxic shock syndrome from the use of tampons were sufficient and the product was not defective).
	www.lexisnexis.co.uk /scotland/docs/thomson.doc (2297 words)

	Donoghue v Stevenson, UK Law Online
		Accordingly it would appear to be reasonable and equitable to hold that, in the circumstances and apart altogether from contract, there exists a relationship of duty as between the maker and the consumer of the beer.
		Wright (10 M. 109.) is one in which no negligence in the sense of breach of a duty owed by the defendant to the plaintiff was alleged on the part of the plaintiff.
		As Kelly C.B. points out, the action was not founded on any warranty implied in the contract of sale between the vendor and the purchaser; and the plaintiff, the purchaser’s wife, was not seeking to sue on the contract to which she was not a party.
	www.leeds.ac.uk /law/hamlyn/donoghue.htm (15606 words)

	Publications, Documents and Resources
		Stevenson is considered the greatest case in modern jurisprudence relating to negligence:
		The facts of this case did not involve a cyclist but a woman who claimed to have found a partly decomposed snail in her bottle of ginger beer.
		Stevenson there was a recognized duty of care between motorists and pedestrians or cyclists.
	www.bccc.bc.ca /Hayes_files/cyclingandthelaw2.html (506 words)

	Analysis of Liability in an example case concerning a train collision.
		The four ingredients, which had arisen from the case of Donoghue v Stevenson act as the framework of rules.
		The principle fears of the overload of the expansion of the liability however, if the McLoughlin v O'Brian [1982] 1 AC 410 applies, Amy should be able to claim for compensation for the shock she is suffering.
		This may rule Amy out from any possible claim as she is a bystander, a secondary victim and unless she shows that her shocks are extremely horrific then, she might be excluded.
	www.coursework.info /i/45276.html (758 words)

	NEGLIGENCE
		Stevenson which was decided by the British House of Lords in 1932.
		Consequently, the manufacturers claimed that they were not liable to Mrs Donoghue in any way and owed no duty of care to her and were not liable for any suffering caused to her.
		It was seen in the case of Donoghue v.
	members.iinet.net.au /~patrick6/kiss6.html (2951 words)

	"Since the case of Donoghue v Stevenson (1932) the number of negligence claims have increased markedly. This has ...
		"Since the case of Donoghue v Stevenson (1932) the number of negligence claims have increased markedly.
		Coursework and Essays: Uncategorised: Section 2: "Since the case of Donoghue v Stevenson (1932) the number of negligence claims have increased markedly.
		Below is a short sample of the essay ""Since the case of Donoghue v Stevenson (1932) the number of negligence claims have increased markedly.
	www.coursework.info /i/53452.html (491 words)

	Donoghue
		To exist(1) a complete logical definition of the general principle is probably to go beyond the function of the judge, for, the more general the definition, the more likely it is to omit essentials or introduce non-essentials.
		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 1 am directing my mind to the acts or omissions which are called in question.
		This appears to me to be the doctrine of Heaven v Pender(2) as laid down by Lord Esher when it is limited by the notion of proximity introduced by Lord Esher himself and A. Smith L.J in Le Lievre v Gould(3).
	www.peterjepson.com /law/Donoghue_v_Stevenson.htm (905 words)

	The Paisley Snail: - The Lord Denning Interview - Donoghue vs. Stevenson
		He created "Who is My Neighbour", the original prototype of The Paisley Snail and has shared Martin Taylor's longstanding fascination with Donoghue v.
		Martin Taylor, a recently retired justice of the British Columbia Court of Appeal, has made it his life's work to popularize May Donoghue's immortal journey to the centre stage of legal history in Donoghue v.
		In 1990, he led an international bagpipe pilgrimage of lawyers, judges and academics to sip ginger beer at the spiritual home of the law of negligence at the site of Francis Minghella's Wellmeadow Cafe at the junction of Lady Lane and High Street in Paisley.
	www.thepaisleysnail.com /denning.shtml (357 words)

	BBC NEWS \| UK \| Scotland \| May owes fame to slug
		The story of May Donoghue and the slug in her drink in Frankie Minghella's café is renowned among lawyers at home and abroad - but particularly those in Canada where it is often referred to in their large number of negligence, or "tort", actions.
		In 1990 an international legal conference on the law of negligence was held in Paisley to commemorate the significance of the Donoghue v Stevenson case.
		As a thank-you gesture, the lawyers received "Donoghue v Stevenson" paperweights, crafted from a genuine Paisley paving stone found where Mr Minghella's cafe used to stand.
	news.bbc.co.uk /2/low/uk_news/scotland/3141033.stm (506 words)

	SCLR - Key Cases - Donoghue v. Stevenson Introduction
		If you are looking for full details of the case of Donoghue v Stevenson you have come to the right place.
		Donoghue v Stevenson, the case of the Paisley snail, is one of the most famous cases to emerge from Scotland.
		It has captured the imaginations of generations of lawyers and has played a pivotal role in the development of the modern law of negligence.
	www.scottishlawreports.org.uk /resources/keycases/dvs/donoghue-v-stevenson.html (337 words)

Try your search on: Qwika (all wikis)