Donoghue v Stevenson

• Mrs Donoghue's friend bought her a bottle of ginger beer at a cafe in Paisley, Scotland
• The bottle was opaque (dark glass); contents could not be inspected
• After drinking part of it, the remains of a decomposed snail floated out
• Mrs Donoghue suffered gastroenteritis and nervous shock
• She could not sue the cafe owner in contract (her friend was the buyer, not her)
• She sued the manufacturer (Stevenson) in tort (negligence)

1. Whether a manufacturer of products owes a duty of care to the ultimate consumer, in the absence of any contractual relationship between them.

• The manufacturer owes a duty of care to the ultimate consumer
• Lord Atkin formulated the "neighbour principle": "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your NEIGHBOUR"
• "Neighbour" = persons so closely and directly affected by your act that you ought reasonably to have them in contemplation
• The duty arises from the RELATIONSHIP (manufacturer to consumer) not from CONTRACT
• The product reached the consumer in the form it left the manufacturer (opaque bottle; no intermediate inspection possible)

A person owes a duty of care to those who are reasonably foreseeable as being affected by their acts or omissions. This duty exists independent of contract. Where a manufacturer puts a product into circulation in a form that prevents intermediate inspection, they owe a duty to the ultimate consumer. Breach of this duty (negligence) gives rise to liability in tort.