Donoghue v Stevenson [1932] UKHL 100

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

1BUSINESS LAW
Donoghue v Stevenson [1932] UKHL 100
Name of the Court
The case of Donoghue v Stevenson has been initiated with an interlocutory action
instituted by Donoghue before the Outer House of the Court of Session, which resulted in
an award being declared against Stevenson. Subsequent to that, an appeal has been preferred
to the Inner House of the Court of Sessions by Stevenson against the judgement delivered
by the Outer House of the Court of Session, which resulted in the appeal being allowed.
Consequently, a petition has been filed by Donoghue against the appeal that has been allowed
by the Inner House of the Court of Session to the House of Lords, which resulted in the grant
of the petition and the return of the case to the Court of Session for hearing.
Name of the Judges
In the Court of Session, Outer House, the case was heard by Lord Moncrieff. The appeal
to the Inner House of the Court of Session has been heard by four Judges, namely, Lord
Ormidale, Lord Alness (Lord Justice Clerk), Lord Anderson and Lord Hunter. The
petition thus, granted was heard by Lord Tomlin, Lord Atkin, Lord Macmillan and Lord
Buckmaster in the House of Lords.
Summary of Fact
Mrs. Donoghue has been accompanied by her friend to the Wellmeadow Café situated in
Paisley on the evening of the 26th day of August in the year 1928, where her friend ordered
for her a Scotsman ice cream float, which consists of Ginger Beer and ice cream and the same
has been served to her. The ginger beer bottle has been manufactured by Stevenson and the
same has been mentioned in the label of the bottle. Initially, a considerable amount of the
ginger beer has been consumed by Donoghue. Later on when the remaining portion of the
ginger beer has been poured for consumption, it has been found that there was a decomposed

2BUSINESS LAW
snail in the bottle a part of which has already been consumed by Mrs. Donoghue. The bottle
of Ginger Beer was opaque, for which it was impossible for both Donoghue and the Owner of
the café to discover the decomposed snail within the bottle before consumption. As a result, a
considerable amount of trauma has been caused to Donoghue by the very sight of the
decomposed snail in her ginger beer. This has led to an abdominal pain and shock that she
has suffered from this incident. Later on, her deteriorated health necessitated a medical
attention. She has been admitted to the Glasgow Royal Infirmary to obtain emergency
treatment. Consequently, an acute gastroenteritis and a shock has been caused to her by virtue
of this incident.
The proceeding has been initiated by way of an interlocutory action to be instituted in the
Court of Session, Outer House. This action has been instituted on the 21st of May in the year
1929. The proceeding has been presided over by Lord Moncrieff. Subsequently, Minghella,
the owner of the café in which the incident took place has been included among the
defendants of the proceeding next to an adjournment. Later on, the name of the café owner
being Minghella has been erased from the list of the defendants as it has no connection
contractually made with Donoghue. It was contended while discharging Minghella from the
liability that the ginger beer bottles were opaque, which implies her inability to examine the
same before serving it to Donoghue. The proceeding has been decided by the Outer House
against Stevenson. The decision has awarded both Minghella and Donoghue with costs of
£108 6s 3d, which have been directed to Stevenson to pay. Lord Moncrieff while deciding on
this case inferred that when a person has been indulging in the preparation of items which
will be consumed by the consumers as food has a liability to exercise a duty of care. In case,
the duty of care has been breached the manufacturer will need to undertake the liability of
any act that has been negligently performed by him in this context.