Tort of Negligence in English Law (Tort of Negligence)
Added on 2020-10-05
14 Pages5120 Words216 Views
LLM IBL
TABLE OF CONTENTSINTRODUCTION...........................................................................................................................1MAIN BODY...................................................................................................................................11. Material facts related with case..........................................................................................12. Defining legal issues involved in case................................................................................23. Decision given by court......................................................................................................44. Reasons for difference in judgements................................................................................55. & 6 Neighbour principle and its development over period................................................67. Application of judgement of previously decided case in present case study.....................8CONCLUSION..............................................................................................................................10REFERENCES..............................................................................................................................12
INTRODUCTIONOne of the important laws in English law is Tort of Negligence. This law is related withprotection of rights of individuals against harm and injury caused to them; be it omission of actor negligence on part of someone other. Other party owed a care of duty to a person and due totheir negligence act, former party suffers physical and mental harm. The law has beenformulatedto protect rights to individuals from past so many years, as tort law and doctrine of negligenceprovides them certain right to protect their interest against any civil wrong done to them. Thislaw is being application since a judgement passed in the year 1932. In the present case study, the way tort law and doctrine of negligence were formed aswell as applied in relevant cases will be discussed. With formation of this law, a test in name ofNeighbour test was also established through a judgement passed in case Donoghue v Stevenson.The present report will contain all material facts related with this case from foundation of tillfinal judgement passed after all appeals made by defendant. Along with this, the facts andjudgement related with this case will also be applied in another lawsuit to assess harmful effectsrelated with later case.MAIN BODY1. Material facts related with caseDonoghue v Stevenson (1932)Facts: Appellant: M' Alister /Donoghue (Shop Assistant)Respondent: Stevenson (Manufacturer of Aerated Water)Donoghue went to a restaurant with her friend and she bought her a ginger beer. Thebottle of beer was made from dark opaque glass and content of bottle was not visible. Sheconsumed half of the drink with after pouring it on ice cream and consumed some directly frombottle1. On pouring remaining beer on ice cream remains of decomposed snail emerged out frombottle . This incident gave her a sudden nervous shock as she had consumed that beer which haddecomposed remains of snail in it. She also suffered with severe gastroenteritis. 1Bach, J., 2016. Illinois Tort Case Law Update.S. Ill. ULJ,41, p.561.1
A case was filed against respondents to recover the damages suffered by appellant due toconsuming some ginger beer which contained remains of a decomposed snail and wasmanufactured by respondent. Contention by Appellant'sThe appellant alleged that bottle of ginger beer was purchased by her friend for her. Itwas made up of opaque material and content inside bottle was not visible so, there was no reasonfor her to suspect that bottle contained pure ginger beer nothing else. . The cafe owner pouredsome beer in a tumbler and she consumed beer from that tumbler2. as she poured remainingbeer into tumbler, remains of decomposed snail emerged out from bottle of ginger beer. Whenshe saw that decomposed snail which cam out of her beer bottle she suffered for a severe nerves'shock and gastroenteritis. The appellant further alleged that ginger beer was manufactured by respondent with alabel on it which was stating its name on it The bottles were filled with ginger beer and thensealed with metal cap by respondent only. She also contented that, it was duty of respondent toapply a working system that would not allow snails to enter into bottle. With this, respondent isresponsible to inspect bottles after ginger beer was filled in them. The allegation was thatrespondent failed in both his duties to check bottle before filling and inspect them after fillingginger beer which led this incident with appellant.Objection by respondent:It was objected by respondents that these allegations were irrelevant and insufficient tosupport the summons’s conclusion. Respondent was of the view that allegations and averment byapplicant was illogical and did not have any legal base for making a claim for damages.2. Defining legal issues involved in caseCase proceedings: first a case was filed by appellant for breach of warranty of a contractbut it was held that she was held that she was not a party to contract. So her contention wasdismissed. She, then filed up a case against the manufacturer of ginger beer to claim damages.The case went up to the house of lords and then further proceedings related with case werecarried out. Issues related with case:2Henderson Jr, J.A., 2017. Learned Hand's Paradox: An Essay on Custom in NegligenceLaw.Cal. L. Rev.,105, p.165.2
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Liabilities in Tort - Assignmentlg...
|10
|2906
|132
Business Law: Donoghue vs Stevenson & Contract Essentialslg...
|10
|2226
|54
Tort of Negligence: Duty of Care and Breachlg...
|10
|2514
|95
Role of Foresight in the Neighbour Principle in Modern Negligence Lawlg...
|10
|3885
|439
Donoghue v Stevenson [1932] UKHL 100lg...
|7
|1899
|55
Can Cliff and Mary sue Susan for negligence?lg...
|7
|2387
|124