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Concept
Donoghue v Stevenson
Résumé
Donoghue v Stevenson [1932] AC 562 was a landmark court decision in Scots delict law and English tort law by the House of Lords. It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
Also known as the "Paisley Snail" or "Snail in the Bottle" case, the case involved Mrs May Donoghue drinking a bottle of ginger beer in a café in Paisley, Renfrewshire. Unknown to her or anybody else, a decomposed snail was in the bottle. She fell ill, and subsequently sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm to consumers. There was also a sufficiently proximate relationship between consumers and product manufacturers.
Prior to Donoghue v Stevenson, liability for personal injury in tort usually depended upon showing physical damage inflicted directly (trespass to the person) or indirectly (trespass on the case). Being made ill by consuming a noxious substance did not qualify as either, so the orthodox view was that Mrs Donoghue had no sustainable claim in law. However, the decision fundamentally created a new type of liability in law that did not depend upon any previously recognised category of tortious claims. This was an evolutionary step in the common law for tort and delict, moving from strict liability based upon direct physical contact to a fault-based system that only required injury. This evolution was taken further in the later decision of Letang v Cooper [1965] 1 QB 232 when it was held that actions should not be jointly pleaded in trespass and negligence, but in negligence alone.
On the evening of Sunday 26 August 1928, during the Glasgow Trades Holiday, May Donoghue took a train to Paisley, Renfrewshire. In Paisley, she went to the Wellmeadow Café. A friend, who was with her, ordered a pear and ice for herself.
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