Donoghue+v.+Stevenson

Donoghue (appellant) v. Stevenson (respondent), Common Law, [1932]

Facts: - The appellant drank a bottle of ginger beer that had a decomposed snail at the bottom of it, she suffered shock and gastro-enteritis. - Her friend bought the drink for her from a retailer and therefore, no contract existed between Donoghue and the retailer or to the manufacturer - She alleges that the manufacturer who manufactures an article intended for consumption and contained in something that cannot be examined by the retailer, owes a duty of care and is consequently liable for any damaged caused by neglect.

Issue: Is the manufacturer under a legal duty to the consumer to take reasonable care that the article is free from defect?

Held: Yes, there is a duty owed to the consumer to take reasonable care.

Reasoning: [Lord Atkin] - He establishes that you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your consumer - The manuacturer places himself in a relationship with all the potential consumers of his commodities, and thus this imposes upon him a duty of care to avoid injuring them. When the article of sonsumption is to reach the consumer in the condition in which it leaves the manufacturer, the manufacturer’s control is held as remaining effective until the article reaches the consumer and the container opened by him.

[Buckmaster – Dissenting] - Looks at other cases and demonstrates that the manufacturer is not liable to third parties injured by negligence. - Breach of contract with A does not give a cause of action for B who was injured by defective article.

RATIO: We owe a duty of care to anyone who could reasonably be affected by our conduct.