Question

Discuss and show the 4 elements of negligence (duty of care, breach of duty of care, causation, and remoteness of damage) in the case Donoghue v Stevenson. (an introduction and conclusion should be included)

Answer 1

Donoghue vs Stevenson

Introduction

It is a landmark decision in English torts law by House of Lords.It laid the foundation stone of Negligence law and Principles of Duty of care.

Conclusion

This case gave the opinion that if the defect is not identifiable before the goods are received then it is the manufacturer who has the legal duty of care towards the ultimate consumer of the goods.

4 elements of negligence in this case-

Duty of care-It establishes Neighbour's principal that, if it is reasonably forseeable that a negligent act can harm the neighbour or person who is closely or directly to get harmed by the act may suffer injury. It is defendant who owes duty of care towards claimant.

Breach of duty of care- A dead snail in ginger beer bottle by manufacturer Mr.Stevenson served to Donoghue, a customer. Here, Manufacturer owe duty of care to the customer, but it was breached in this case as it was reasonably forseeable that failure in product's safety would harm consumer.

Causation-Causation means defendant's act is the cause of the injury. Here, it was legal duty of Manufacturer,Stevenson to provide beer in clean bottle but his ineffective cleaning system let the snails to enter the bottle which was cause of subsequent illness of Donoghue,the customer.

Remoteness of Damage-It works where damage is forseeable and the act may constitute wrong creates consequences or acts constituting wrong where the damage may be remote or proximate. Here non cleaning of bottle caused snails to enter the bottle which caused illness of the consumer is remoteness of the damage where damage was not too remote and caused due to negligence of the manufacturer.