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Legal skills and debates in Scotland
Legal skills and debates in Scotland

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3 Summary

You considered some aspects of judicial decision-making by exploring extracts from the leading, assenting and dissenting judgments in Donoghue. You looked at the role played by logical reasoning in legal reasoning, the extra-legal factors that contribute to judicial decisions.

After this week of study you should be able to:

  • explain the decision in Donoghue v Stevenson [1932] AC 562
  • outline the reasoning used to reach the decision
  • explain the ‘neighbour’ principle as outlined by Lord Atkin.