Royal Coat of Arms of the United Kingdom. Manufacturers have a legal duty what i think stevenson pdf care to the ultimate consumers of their products if it is not possible for defects to be identified before the goods are received. A dead snail was in the bottle.
She fell ill, and she sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached, because it was reasonably foreseeable that failure to ensure the product’s safety would lead to harm of consumers. Being made ill by consuming a noxious substance did not qualify as either, so the orthodox view was that Mrs Donoghue had no sustainable claim in law. However, the decision fundamentally created a new type of liability in law which did not depend upon any previously recognised category of tortious claims.
In Paisley, she went to the Wellmeadow Café. Bottles were often reused, and in the process occasionally returned to the incorrect manufacturer. Moreover, Stevenson initially claimed he did not issue bottles matching the description provided by Donoghue. Donoghue drank some of the ice cream float. 11 and 12 Glen Lane, Paisley, less than a mile away from the Wellmeadow Café. The contact details for the ginger beer manufacturer were on the bottle label and recorded by Donoghue’s friend.
Donoghue’s behalf against Stevenson on 9 April 1929. Donoghue to ensure that snails did not get into his bottles of ginger beer, but that he had breached this duty by failing to provide a system to clean bottles effectively, a system that would usually be used in the business and was necessary given that the ginger beer was intended for human consumption. Matthew Chapman as “somewhat gratuitous”. Moreover, neither had a contract with Stevenson, the manufacturer. However, there was no general duty of care and therefore no general liability for negligent behaviour.