Lesson 22: Common Law - applying precedent

Question 1

Donoghue v Stevenson
Key facts

Answer 1

• May Donoghues friend ordered her a ginger beer
• after half was consumed, a snail came out of the bottle into her glass
• She was later diagnosed with Gastroenteritis
• Donoghue sued Mr Stevenson

Question 2

Donoghue v Stevenson
Issue

Answer 2

For the court to determine whether Mr Stevenson owed a Duty of Care

Question 3

Donoghue v Stevenson
Decision

Answer 3

• The court ruled in favour of Mrs Donoghue, that Mr Stevenson owed a Duty of Care
  → “neighborhood principal” owed Duty of Care to those directly affected by their actions

Question 4

Donoghue v Stevenson
Outcome

Answer 4

• Although heard in the UK, many Australian courts treated this legal principal as a persuasive precedent
  → adopted into civil law
  → foundation of modern negligence law

Question 5

Grant v Australian Knitting Mills
Key facts

Answer 5

• Dr Grant sued Australian Knitting Mills (AKM) for negligence of warning as he had faced severe dermatitis and was bedridden for 17 weeks

Question 6

Grant v Australian Knitting Mills
Issue

Answer 6

• Dr Grant accused AKM of overuse of sulphur compounds leading to his injury

Question 7

Grant v Australian Knitting Mills
Decision

Answer 7

• Dr Grant was able to establish a connection between his injury and the sulphur compounds

Question 8

Grant v Australian Knitting Mills
Outcome

Answer 8

• AKM appealed the decision to the High Court who found there was insufficient evidence to connect AKM to the injury
• Dr Grant appealed further to the privy Council