NUR FARHANA BINTI ABDUL KARIM

2011852268

LWA 02K

Explain the test laid down by

Lord Atkin in Donoghue v

Stevenson [ 1932] AC 562

WHAT THE QUESTION WANTS?

Test = neighbour principle

Explain the neighbour principle and

the application of this principle in the

case of Donoghue.

Case: Donoghue v Stevenson

The D, a gingerbeer manufacturer, had sold gingerbeer drinks to a

retailer. The gingerbeer bottles were opaque. A bought a bottle and

entertained a friend, the P, who drank the gingerbeer. When A

refilled the glass, along with the gingerbeer came the decomposed

remains of a snail. The P suffered shock and was severely ill as a

consequence. The P sued the manufacturer, and claimed that the

manufacturer had a duty in the course of his business, to prevent

snails from entering into his gingerbeer bottles and further that a

duty to ensure all the empty bottles were carefully inspected

before they were filled with gingerbeer. The issue was whether the

D owed such a duty to the P

Donoghue v Stevenson is often referred to as the "Paisley

snail" or the "snail in the bottle" case, and is one of the

most famous decisions in legal history in Great Britain.

Held :

This case was a decision of the House of Lords that

established the modern concept of negligence by setting

out general principles whereby one person would owe

another person a duty of care. Per Lord Atkin has used

the ‘neighbour principle’ to solve this case.

What is neighbour principle?

Test to determine the existence of a duty of care

whereby if a person does not take the usual degree of

precaution, another person of his property maybe injured

or damaged. Duty of care is the first element of

negligence.

Would a reasonable man, who is in the same

circumstances as the D, foresee that his conduct will

adversely affect the P.

Example:

A negligence of security guard on a certain residential

area would resulted in danger to the people’s live in that

area.

In this case : The security guard has the duty of care

towards the residents at that area

Who is neighbour ?

persons who are so closely and directly affected by my

act that I ought reasonably to have them in contemplation

as being so affected when I am directing my mind to the

acts

* Directly affected by my act

Example :

The restaurant owners have the duty of care

to make sure that the restaurant is always

clean especially in the kitchen as it can be

foresee that their negligence in their

services may effect or causing injuries to the

customers (neighbour).

APPLICATION OF NEIGHBOUR PRINCIPLE IN THE CASE OF

DONOUGHUE

According to this principle, The D, a gingerbeer

manufacturer has a duty of care towards the P .

WHY?

A manufacturer of the gingerbeer product, which he sells in such

a form as to show that he intends them to reach the knowledge

that the absence of reasonable care in the preparation or putting

up of products will result in an injury to the consumer's life or

property, owes a duty to the consumer to take that reasonable

care.

In this case, the D did not make sure that their

products is clean and safe to be consume as the

decomposed snail had been found in the

gingerbeer drink by the P. P suffered severely ill

as consequences.

The P can sue D for his negligence

THE END….