Donoghue vs Stevenson
1932 AC 562
Case Summary
[Tort of Negligence]
Facts
In Scotland, Mrs. Donoghue drank a ginger beer bought by a friend, which contained a decomposed snail. She became ill and sued the manufacturer, Mr. Stevenson, for negligence. Donoghue argued that the manufacturer owed her a duty of care even though there was no direct contractual relationship.
Issues
1. Does a manufacturer owe a duty of care to the ultimate consumer?
2. Can a consumer sue for negligence without a contractual relationship?
Relevant Legal Provisions
Principles of Tort Law, particularly Negligence.
Judgment
The House of Lords held that Mr. Stevenson owed a duty of care to Mrs. Donoghue, establishing the "neighbour principle" in tort law. The court ruled that a person must take reasonable care to avoid acts or omissions likely to injure their "neighbours" — persons closely and directly affected by their actions. This landmark decision formed the foundation of modern negligence law, establishing that manufacturers have a duty to ensure their products are safe for consumers.
Rishita Vanjani
2nd year
Amity University, Rajasthan
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