Tort Law Assignment: Negligence, Duty of Care, and Case Study Analysis

This case study analyzes a tort law scenario involving negligence and duty of care, drawing upon the landmark case of Donoghue v Stevenson. It establishes the duty of care owed by a manufacturer to consumers, highlighting the foreseeability and vulnerability aspects. The assignment assesses whether Tim Creations breached their duty of care by serving stale ice cream, leading to the illness of Mina Law. It examines the probability, seriousness, and burden associated with the breach, along with the social utility of the action. The analysis concludes that the breach caused the injury, establishing negligence, and explores potential defenses and recovery options. The study emphasizes the importance of legal precedents and the application of legal principles in real-world situations, with a focus on the ability of Mina to claim compensation.

Running head: TORT LAW
Tort Law
Name of the Student
Name of the university
Author note

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Definition of negligence
In the case of Donoghue v Stevenson 1932 AC 522 the manufacturer was held liable for the
snail present in a ginger beer. The court provided that as a neighbour has the liability to
ensure that his actions do not harm the other neighbour, it is also the liability of
manufacturers to ensure that their goods do not cause injury to the consumers.
The case provided 4 steps to establish negligence.
Step 1: Dose Tim Creations have a duty of care towards Mina
Law- Donoghue v Stevenson provided manufacturers have duty of care to consumers.
Application to facts: As Mina consumed Ice-cream produced by Tim Creations Duty of care
exists.
Forseability- it was foreseeable to see the injury on part of Tim creation. As a reasonable
person could foresee illness upon eating a stale Ice-cream
Vulnarability- it was probable that any human would be vulnerable to such harm.
Step 2: Establishment of breach of the duty
Probability- The ice cream served by Tim creation was stale. Therefore the duty of care is
breached
Seriousness- injury could be result in serious consequences
Burden- burden of taking precautions was on Tim Creations as per Woods v Multi-Sport
Holdings Pty Ltd (2002).
Social utility- Eating is a necessity of human
A reasonable person would have not served Steel ice cream in the restaurant

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Step 3: Injury caused due to the breach
If the ice cream would not have been stale Mina would not have fallen ill does it can be said
that the illness was cost as the duty of care was breached. Therefore negligence is established
Step 4: Defences
No contributory negligence
No Voluntary assumption of risks
Step 5: Recovery
Mina would recover total amount lost due to falling ill.
Conclusion
Mina can claim compensation from Tim creations for the illness suffered by her by
consuming the ice-cream.

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References
Donoghue v Stevenson 1932 AC 522
Roads and Traffic Authority of NSW v Dederer [2007].