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…

The case of caparo and its establishment of a tripartite test in establishing a duty of care just the latest attempt by the judiciary to articulate a general test the establishment of a duty of care concepts of foreseeability and neighbourhood as mentioned by Lord Aitken in Donaghue and Stevenson. The basic premise of Capro is that in order for there to be liability in negligence three elements must be satisfied and those elements are foreseeability of damage, the relationship of proximity…

The estates of the deceased victims may rely on the landmark case of Donoghue v Stevenson to argue that Hughes Aviation is liable for the deaths. According to Lord Atkin in this case in his famous dicta of the neighbor principle where he stated that manufacturers of products may be held liable for defects in their products when the products are meant to reach the consumer or final user in the form in which they left the manufacturer’s place of business. Unfortunately, this is not the case…

Susie V. Tommy Negligence To prove negligence, the defendant must owe a duty to the plaintiff, that duty must be breached, and the defendant’s actions or inactions were the cause of the plaintiff’s injury. Duty Duty is the legal obligation required of an individual to act as a reasonable prudent person under similar circumstances. Drivers are required to act with reasonable care when encountering other vehicles and pedestrians. Tommy was the driver of the vehicle and Susie was a pedestrian.…

(1856) is the case in which the idea of duty of care was explained by the court. It was explained that in order to decide if the defendant can be held liable for negligence it must be first decided using the conduct of a reasonable person as the standard to test for negligence. In such manner, if the defendant has taken all reasonable safety measures it is believed the defendant has followed the conduct of a reasonable person in accordance to the standard and therefore, the defendant can not be…

Throughout history, general socialization has been regarded as an important stepping stone for children to become well-rounded individuals. Many psychologists in the past, including Abraham Maslow, have included socialization in their studies of human 's needs. In Emma Donoghue 's Room Jack and Ma live in a shed in the backyard of Ma 's kidnapper, Old Nick. Jack has lived there his entire life and although he and Ma have each other, that 's not enough to satisfy the innate need for interaction.…

watching movies to reading books. It was always more exciting seeing a character come to life on the big screen rather than having to conjure one up in my head. Of course there are some exceptions, such as Walt Disney’s film Johnny Tremain, directed by Robert Stevenson. It is difficult for a director to meet an audience’s expectation when creating a book-based movie, while also inputting his own take on the story. Though it is important to add some originality to a storyline, it is equally…

The feeling of waking up from the coziness of the covers with no desire to leave for fear of the unavoidable goose bumps the morning air brings causes a person to dart for the heater, to feel the warmth while the coldness slowly fades away. This crisp feeling the cold brings makes the warmth that much more of a fulfilling sensation. The season that allows a person to no longer feel inconvenienced with their wardrobe but to have the satisfaction of the simple comfort of a knit sweater. The aroma…

Difficult employees sometimes seem to be present for the single purpose of giving human resources departments and management problems. They are problematic workers and no matter where you go, they are everywhere. No association is protected from them. They are slightly more than time guzzlers who keep a person from being as industrious as they would like to be. One a more serious note, they can be a menace to the strength of your organization. Every supervisor has had to deal with a harmful…

In this essay I will be looking at the strange case of Dr Jekyll and Mr Hyde written by Robert Louis Stevenson in January 1886. In this novella a well-respected Dr Jekyll struggles with his dual nature and the undesirable reputation of his pleasures in an upper-class Victorian society. I will explore the ways that the author, Robert Louis Stevenson, presents different types of power and its effect over man. I will compare this text to themes of power in poems such as Medusa, My Last Duchess and…