Donoghue v. Stevenson
Rule established
A duty of care is owed to persons who are so closely and directly affected by one's act that one ought reasonably to have them in contemplation (the 'neighbour principle').
Facts
- 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)
Issue
- Whether a manufacturer of products owes a duty of care to the ultimate consumer, in the absence of any contractual relationship between them.
Held
- 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)
Ratio Decidendi
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.
How to use it in an exam
- Part A: Birth of modern negligence law; duty of care as the foundation of civil liability. The "neighbour principle" as a tool for determining who is owed a duty.
- Part B: In jurisprudence exams, use to show law's function of protecting rights and extending justice beyond rigid contractual privity.
- Key line: "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour."
Test your recall
Quick quiz
What did Donoghue v Stevenson establish as binding law?
Why could Mrs Donoghue not simply sue in contract?
Source
Source: [1932] AC 562 (House of Lords)
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.