Stevenson Donoghue v. The ruling in this case established the civil law tort of negligence and obliged businesses to observe a duty of care towards their customers. The events of the case took place in Paisley, Scotland in While attending a store, Ms May Donoghue was given a bottle of ginger beer, purchased for her by a friend.
Mr Taylor is a distinguished lawyer — a retired Canadian judge, now in practice as an arbitrator in Vancouver, and a member of the Court of Appeal for the Cayman Islands. His enthusiasm for the famous Scottish case of Donoghue v Stevenson S. The culmination was the Paisley Conference in September held in Paisley Town Hall and attended by over two hundred judges, lawyers and academics.
The Papers were presented by a number of leading commentators and were edited by Dean Peter T. The Scottish Council of Law Reporting is most grateful to Mr Taylor and to the publishers for allowing it to reproduce these materials as a companion resource to Donoghue v Stevenson.
The full report of the case is available on this SCLR website, as are digital images of the original court documents. May Donoghue of Glasgow, a person of modest means but much determination, passed by Paisley Town Hall on her way to the centre stage of legal history. The end of our journey is not yet in sight.
When May Donoghue left her tenement home at 49 Kent Street, in the heart of Glasgow, she probably headed across London Road, down Greendyke Street, past the justiciary courts, over the Clyde by the Albert Bridge to the Gorbals, and so, through the countryside which is now taken by the suburbs of Bellhouston and Cardonald, to the ancient burgh of Paisley.
It is in the lower building on the right. The photograph was taken some time between and remember the critical date, August 28, See the figure on the right. Could this be May Donoghue, heading for her appointment with destiny?
When she took her seat there, May Donoghue is said to have been with a friend. Of the identity of this mysterious person we know only one thing.
It was her friend — that unknown soldier on our roll of honour — who is said to have then given the short order that would change the course of legal history. Others have said that it all happened, but on another occasion, to someone else in Inverness.
Sir Winston Churchill was dismayed that there were those who sought to cast doubt on the existence of King Arthur and his wonderful feats of chivalry. Surely must we likewise protest at these attempts — in the face of all the evidence — to deny to our law its most beloved figure, its greatest moment.
Let us then, as part of our pilgrimage, find as a fact — a fact of faith — that the long and stately procession of legal history did indeed pass through Paisley that August evening inso that May Donoghue might take her rightful place, and become at last the most celebrated litigant of all time.
This is the only full-frontal picture so far discovered. It is said to be quite possible that the small figure in front is the young May McAllister — she would then have been three or four years old!
StevensonA. Surely May Donoghue would be surprised to know that the story of her immortal case has not only been told in many other lands, but told in Paisley in the French language! It is said that after May Donoghue had taken a drink, and while her friend was refilling her glass, she saw, floating out of the bottle, what she believed to be the partly decomposed remains of a snail.
May Donoghue said she was made ill by what she thought she had seen. She said she had to have medical treatment three days later, on August 29,from her doctor, and three weeks later, on September 16,at the Glasgow Royal Infirmary.
Original David Stevenson Bottle 4. Photo by Michael Taylor Had it been her anonymous friend, rather than May Donoghue, who was served with snail-tainted ginger beer, the world would probably have heard nothing of it.
The friend could have sued Mr Minchella, and, because there was a contract of sale between them, Mr Minchella would probably have had no defence.
Since May Donoghue had no contract with anyone, she would have to prove negligence if she were to recover. The only person she could sue for negligence was David Stevenson.
May Donoghue learned all this from a remarkable Glasgow solicitor and city councillor, Mr. The manufacturer of such products, they held, owed no duty of care to an ultimate consumer unless the consumer had a contract with the manufacturer requiring such care — a most unlikely situation.
It was against this decision that Mrs. No doubt there was a reason — several come to mind — why the mouse cases could not themselves have gone to the House of Lords. How lucky for May Donoghue — how lucky for us — that she consulted perhaps the only lawyer in the world who would not only have taken her case, but have taken it to the highest court in the land.The famous case of Donoghue v Stevenson which established important legal principles for Duty of Care and Negligence.
Example of the Development of Court Made Law The development of negligence, in particular, the duty of care and native title are Case 5: Donoghue v Stevenson () – The snail in the bottle (duty of care created) Donoghue and her friend stopped for a drink at a café. The friend ordered the drinks and.
However, the foundation of duty of care in negligence originated in the case of Donoghue v Stevenson ; Mrs Donoghue in a café was served with ginger beer that contained decomposing snail which made her ill.
She argued to claim damages against the manufacturer stating that he was careless as to allowing a snail in the bottle.
In Australia, Donoghue v Stevenson was used as a persuasive precedent in the case of Grant v Australian Knitting Mills (AKR) (). This was a landmark case in the development of . Oct 21, · The outcomes of Donoghue v Stevenson.
benjaminpohle.comy, the House of Lords ruling affirmed that negligence is a tort. A plaintiff can take civil action against a respondent, if the respondent’s negligence causes the plaintiff injury or loss of property.
the development of the concept of duty of care and the nature of negligence as analyzed through the prism of this duty. INTRODUCTION Almost seventy years after the seminal decision of the House of Lords in Donoghue v.
Stevenson,' the boundaries of negligence are still as blurred as ever.