LAW OF TORT - TUTORIAL PREPARATION

Donoghue v Stevenson [1932] AC 562

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Summarized version of an Article:

Compensation Claims History - Donoghue V Stevenson - Jessica A Parker

In the UK, members of the public can claim compensation if they have been injured as a result of another's
negligence, if it can be proven that the other party did not take 'reasonable care' to prevent the injury from occurring.

This wasn't always the case. The ability to claim compensation was a lot more unattainable in the past, and it took
the might of a certain snail to bring us into the modern era of personal injury compensation claims. The name of the
case that changed things was Donoghue v Stevenson.

How a snail changed British law?

In 1928, compensation claims for negligence could only be made under specific circumstances, such as when a
contract existed between two parties, or it could be proven that a manufacturer was acting fraudulently or producing
something dangerous.

When May Donoghue walked into Wellmeadow cafe in Paisley, Scotland, on August 26 that year, her friend had
bought her a drink. May had not bought the drink herself, so she had not entered into a contract when she began to
tuck into her pear and ice cream ginger beer 'float'. It was alleged that at the point that May poured the ginger beer
from its dark, opaque bottle and into her glass, the decomposing remains of a snail dropped out with it. Following
the incident, May went to a doctor complaining of stomach pains and the doctor diagnosed gastroenteritis and shock.

Would anyone take on the case?

As the law stood, May could not claim compensation - she had not entered into a contract, the ginger beer could not
be described as dangerous, and the manufacturer had not acted fraudulently. Even May's friend had not entered into
a contract with the ginger beer manufacturer, only with the cafe owner. Most solicitors would have assumed there
was no case. But Walter Leechman, a solicitor who had already bought two cases against drinks manufacturer AG
Barr, and lost, did take it on. He issued a writ against the manufacturer, David Stevenson.

Outcome - a judgement at the House of Lords

By December 10, 1931, the case had gone all the way to the House of Lords, with the counsel arguing that if a
manufacturer puts their product on the market in a form which doesn't allow it to be inspected, they are liable to pay
for any damages. On May 26, 1932, Lord Atkin of Aberdovey ruled in favour of May Donoghue, and Stevenson was
ordered to pay her 200 in compensation.

In a ruling which changed the course of British law and created one of the most famous cases of all time, he said:
'The rule that you are to love your neighbour becomes in law 'You must not injure your neighbour'; and the lawyer's
question: 'Who is my neighbour?' receives a restricted reply. 'You must take reasonable care to avoid acts or
omissions which you can reasonably foresee would be likely to injure your neighbour.'

The judgement was based around the parable of the Good Samaritan and the Christian concept of 'love thy
neighbour'. The term could now be applied to virtually any kind or relationship in any circumstances, giving huge
scope for negligence cases, and far more power to the consumer to claim compensation following an injury.
 1. Read Streets chapter 2 on Duty of Care

2. Read the case of Donoghue v Stevenson [1932] AC 562

(i) Locate the case on Westlaw
(ii) Print or save as PDF the full judgment text to your computer

3. Study the case of Donoghue v Stevenson [1932] AC 562 in the

social and political context and discuss the following questions:

A) Tutorial Questions:

Study the background of the following personalities in this case, in the

social and political context: Conclude with some interesting observations
Caf owner
Friend
May Donoghue
Manufacturer
Solicitor
Judges

B) Tutorial Questions:

1. Why was Donoghue v Stevenson such a significant decision in the

law of tort?
2. State the court, judge and the outline facts of the case.
3. Identify 5 critical elements in Lord Atkins judgment.
4. Could an action be brought under contract?
5. Could an action be brought under tort?
6. What type of injuries did May Donoghue suffer?
7. Explain the neighbor principle.
8. Where was the concept of 'love thy neighbour' taken from? Explain.