Case Study: Donoghue V. Stevenson

In this essay, I will address the following cases, Donoghue v Stevenson, Anns v Merton, Ward v McMaster and Glencar v Mayo in detail along with other relevant cases. I will show how the courts progressed from deciding that proximity in Donoghue v Stevenson decides whether a duty of care exists to deciding that policy over proximity in Glencar dictates whether a duty of care exists, I will address how each case had a significant role to play in how the Glencar judgement was reached.
“In most negligence actions, where there are established precedents, the duty of care is not generally considered; it is assumed. The challenge arises when the Court is presented with novel circumstances. Over the past two centuries a struggle has been ongoing between the goals of justice for the injured; and the avoidance of over burdening the wrongdoer, with potentially significant cost consequences for society as a whole.”
This quotation reflects the importance of the development of duty of care in negligence over the past century from Donoghue v Stevenson to more recently Glencar v Mayo. The law had to evolve in tandem with the societal changes and economic changes over time. The courts were engaged in an …show more content…
Mrs Donoghue poured the remains of the ginger beer out and discovered that the decomposed remains of a snail were stored inside it, this caused Mrs Donoghue severe shock and sever gastro enteritis. Mrs Donoghue was unable to claim redress under breach of contract as she did not enter a contract with the manufacture, she issued proceedings against Stevenson. The resulting consequence of this was for the House of Lords to rule on whether Stevenson owed Mrs Donoghue a duty of care? This resulted in the formation of the “neighbour principle” by Lord