Donoghue v Stevenson

Summary

In 1928, Mary Donohue's experience at a Paisley cafe led to a significant legal case. After consuming ginger beer containing a decomposed snail, she suffered gastroenteritis and shock. The case established negligence outside of contractual relationships, the duty of care from manufacturers to consumers, and the 'neighbour principle', emphasizing not injuring others. This video explains these principles, encouraging viewers to engage and suggest other cases for future lessons.

Takeaways

• 🍦 **Ice Cream Float Incident**: On August 26, 1928, Mary Donohue consumed an ice cream float at the Wellmeadow Cafe in Paisley, Scotland.
• 🐌 **Contaminated Ginger Beer**: The ginger beer served was contaminated with a decomposed snail, causing Donohue to fall ill.
• 🏥 **Medical Emergency**: Donohue experienced severe gastroenteritis and shock, requiring emergency treatment.
• 📚 **Legal Principles Established**: The case set three major legal precedents.
• 📖 **Negligence as Tort**: It confirmed negligence as a tort, independent of contractual agreements.
• 🤝 **Duty of Care**: It established that manufacturers have a duty of care to the end consumer, even without a direct contract.
• 👨‍⚖️ **Neighbour Principle**: It introduced the principle that one must not harm their neighbor, a concept derived from the biblical commandment to love thy neighbor.
• 👥 **Consumer Protection**: The case highlighted the importance of consumer protection in product liability.
• 🏢 **Manufacturer's Responsibility**: It underscored the responsibility of manufacturers to ensure the safety of their products.
• 📈 **Impact on Law**: The case had a significant impact on the development of product liability and negligence law.
• 👍 **Engagement Invitation**: The video encourages viewers to engage by liking and commenting for further content suggestions.

Q & A

What event took place on the evening of 26th August 1928?

Mary Donohue went to the Wellmeadow Cafe in Paisley, Scotland, and ordered a Scotsman ice cream float which led to a significant legal case.

What did Mary Donohue's friend order for herself?

Mary Donohue's friend ordered a Paradise for herself.

What was in the Scotsman ice cream float ordered by Donahue?

The Scotsman ice cream float was a mix of ice cream and ginger beer.

What was the issue with the ginger beer served at the Wellmeadow Cafe?

The ginger beer served at the Wellmeadow Cafe was contaminated with a decomposed snail.

What was the immediate reaction of Donahue after consuming the ice cream float?

Donahue felt ill and complained of abdominal pain.

What medical condition was Donahue diagnosed with after receiving emergency treatment?

Donahue was diagnosed with severe gastroenteritis and shock.

What legal principle was established by the case of Donahue and Stevenson?

The case established three major legal principles: negligence as a tort, duty of care to the final consumer, and the 'neighbour principle'.

Why could not Donahue establish a contractual agreement with Stevenson, the ginger beer manufacturer?

Donahue could not establish a contractual agreement because she did not purchase the ginger beer directly from Stevenson.

What does the 'neighbour principle' mean in the context of this case?

The 'neighbour principle' refers to the legal obligation to not injure one's neighbor, which in this case translates to a manufacturer's duty of care to ensure their products do not harm the end consumer.

What was the outcome of the case for Stevenson, the ginger beer manufacturer?

Stevenson, as the ginger beer manufacturer, was held liable for negligence due to the duty of care owed to the final consumer, even though there was no direct contract with Donahue.

What was the significance of the bottle being labeled 'D Stevenson, Glen Lane Paisley'?

The label indicated the manufacturer of the ginger beer and was crucial in establishing the link between Stevenson and the product served at the cafe.