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Week 5: The case of Donoghue v Stevenson [1932] AC 562

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The photograph is of a memorial stone commemorating the “Snail In The Bottle” case. The main text reads as follows: This is the site of the former Wellmeadow Cafe, the scene of an event that was the basis of a landmark legal case. To this day it remains famous aound the world. On 26 August 1928, Mrs Donoghue met a friend at the Wellmeadow Cafe. Her friend bought her a bottle of ginger beer. As she enjoyed her drink, part of a decomposing snail fell out of the bottle. It is recorded that Mrs Donoghue suffered shock and a severe stomach upset as a result. As she had not bought the drink, Mrs Donoghue had no legal contract with the cafe owner. The case made on Mrs Donoghue’s behalf therefore focused on whether the manufacturer and bottler of the drink, David Stevenson should be held responsible. Previously the law had declared there was no legal connection between consumer and manufacturer. The case itself never came to trial and was finally settled out of court. Before that there was much legal debate over whether there was a case to hear. In May 1932 the House of Lords ruled there was. Lord Atkin looked to the Bible story of the Good Samaritan and the principle of loving your neighbour to help him decide. He found that just as neighbours should care for each other so should manufacturers care about the consumers of their products. The Donoghue v Stevenson case established the precedent of negligence based on the ‘neighbour principle’ and has been followed internationally by courts since.

 1  The facts