Explain the Origin and the Concept of ‘Neighbour Principle’. Illustrate with Decided Cases the Application of This Principle.

1862 Words Oct 28th, 2012 8 Pages
ASSIGNMENT QUESTION 2

Explain the origin and the concept of ‘Neighbour Principle’. Illustrate with decided cases the application of this principle.

Above all, I want to explain the ‘Neighbour Principle’’. Lord Atkin stated his famous neighbour Principle as was that 'You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour `.This is sometimes known as the neighbour principle.

By `neighbour`, Lord Atkin did not mean the person who lives next door, but `persons who are so closely and directly affected by my act that i ought to have them in contemplation as being so affected when i am directing my mind to the acts or omissions which are called in
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The branch of law that we now know as negligence has its origins in the most famous case. Because, the test for the existence of a duty owed to the plaintiff is the `neighbour` principle stated by Lord Atkin in this case. The foresight of the reasonable man. One therefore asks the question whether the injury to the plaintiff was the reasonably foreseeable consequence of the defendant’s acts or omissions.

【Donoghue v Stevenson】 (1932) AC 562

A friend of the plaintiff purchased ginger beer in an opaque bottle. The plaintiff poured half of the ginger beer into a glass and drank it, She then poured the remainder into the glass and saw the remains of a decomposed snail. She claimed to have suffered illness as a result. She sued the manufacturers of the ginger beer in negligence beer in negligence as she had no contract with either the retailer or the manufacturer. The House of Lords lay down that a duty was owed by the defendant to the plaintiff.

Held: Although there was no contractual duty on the part of the manu-facturer towards A`s friend, the manufacturer owed her a duty to take care that the bottle did not contain noxious matter and he would be liable if that duty was broken.

Up until this time, the usual remedy for damage caused by a defective product would be an action in contract, but this was unavailable to Mrs Donoghue, because the contract for the manufacturer, and the House of Lords agreed

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