The Case That Changed Everything Essay

1461 Words Dec 1st, 2014 6 Pages
Donoghue and Stevenson was the case that changed everything. Before this case, a contract could not impose limited liability on a stranger. This meant that a third party who suffered loss and damage as a result of a breach of warranty in a contract between two other parties could not sue. For there to be negligence there must be: a duty of care between the parties, a breach of that duty of care, damage which was reasonably foreseeable and a casual link between the breach and the damage.

Then in Donoghue v Stevenson , May Donoghue went with a friend to a cafe called The Wellmeadow Cafe. Her friend purchased a bottle of ginger beer and an ice cream. The ginger beer was in a bottle that was made out of opaque glass. Mr Minchella who owned the cafe,opened the bottle and poured part of the ginger beer into a tumbler which contained the ice cream. Mrs Donoghue drank some and the friend poured out the rest of the beer into a glass. A decomposed snail fell out of the bottle as she poured it . Mrs Donoghue suffered shock and gastroenteritis as a result of the decomposed snail. Mrs Donoghue argued that the manufacturer owed her a duty not to produce the beer negligently. She claimed £500 in damages from the manufacturer David Stevenson. She argued that manufactures of a product were liable in negligence if a person is injured by their product. Mr Paisley argued that there is no liability as there was no contract at all between himself and Mrs Donoghue. The contract was with the…

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