Donoghue v Stevenson

Question 1

Facts

Answer 1

Mae Donoghue went for a drink with her friend, her friend payed for her drink, however, a snail came out of the bottle.
Mae wanted monetary compensation for the manufactures negligence.
This is a civil case in tort lore.

Question 2

Issue

Answer 2

Does the manufacture of drink in an opaque bottle owe a duty of care to the ultimate consumer to take reasonable care the drink is free from defect?

Question 3

Decision

Answer 3

Ruled that Mae Donoghue was in right to receive restitution from Stevenson asa duty is owed

Question 4

Reasoning

Answer 4

Lord Atkin “Love thy neighbor”; means that you must take reasonable care to avoid acts or omissions which you can reasonably forsee would be likely to injure your neighbor.
Further;
- Grave defect in law if there was no duty owed
- social wrong needing remedy

Question 5

Rule of law

Answer 5

Manufacture owes a duty of care to the consumer if there is no intermediary chance of inspection or a contract.