Negligence & Duty Of Care

The leading case in Negligence is the case of Donoghue v Stevenson (1932) This case explains that, Mrs Donoghue and her sponsor went to a cafe in Paisley. At the cafe, Mrs Donoghues friend bought her a sop up which was a pulverize gingerroot beer botch up consisting of ginger beer that was in an turbid bottle. After Mrs Donoghue drank out of the drink in a beer cup, her friend topped up the drink, and consequently they found in the ginger beer bottle a decomposed trunk of a escargot. Mrs Donoghue claimed that the memories of seeing the snail in the ginger beer she had already drunk do her ill. Mrs Donoghue could non sue the retailer of the ginger beer for breach of contract because she was not the one that bought the beer herself this is because the contract had been made between the retailer and her friend. She thitherfrom sued against the manufacturer in tort as it was not worth(predicate) suing the retailer who had only sell the drink to them. The neighbour trib ulation This was brought about by Lord Atkins in the case of Donoghue v Stevenson (1932). Lord Atkins stated that there moldiness be whatever general conception of relations free rise to a duty of care. The rule was that a somebody mustiness cognize his neighbour which became in rectitude that you must not vituperate you neighbour. The question was that who then in law is my neighbour? The get along was that anyone who is closely and directly modify by your act, to reasonably digest them in contemplation as creative activity affected when you are directed to a act. Duty of care This was brought to domain by Lord Bridge in Caparon Industries v Dickman (1990) in this case: The test in this case was that it must be clarified whether the loss was foreseeable i.e. if it could have been prevented as in case of Donoghue v Stevenson (1932) in the neighbour principle. If the loss was foreseeable, whether there was a sufficient relationship of proximity between the part ies should be taken into consideration. If t! he was, whether it was fair, just and reasonable to impose liability....If you want to go bad a full essay, order it on our website: BestEssayCheap.com

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