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DUTY OF CARE (Donoghue v Stevenson (Lord Atkin's Neighbour principle:
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DUTY OF CARE
Donoghue v Stevenson
Facts
-Snail found in ginger beer due to the D's negligence in storing the bottles
- Damage to appellant=shock and severe gastroentritis
Issues
- Argument for the appellant: intended for consumption and therefore owed a duty of care to ensure the ginger beer did not contain any noxious element
Argyments for manufacturer- owed no duty to consumer wiht whom he had no contrct
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Lord Atkin's Neighbour principle:
Lord Arkin disagreed with the way in which a duty of care had been established in previous cases where in order to establish a duty of care, a Plaintiff had to bring him/herself within a particular category of cases previously decided in law
- Lord Atkin preferred instead to create a general duty of care which would be owed in all circumstances regardless of the facts, provided certain rules satisfied
The rule that you are to love your neighbor becomes in law you must not injure your neighbour
- You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be liable to injure your neighbor
- Who in law is my neighbor? Persons who are closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind hethe acts or omissions which are called in question
Resonable person: Kirby v Burke:
Facts: Bad jam, grocer escaped liability
- liability on manufacturer
'the foundation of liability at common law for tort is blameworthiness as determined by existing average standards of thecommunity'
- OBJECTIVE STANDARD
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