LAWS 2202 Lecture Notes - Lecture 2: Regulatory Agency, Ginger Beer, Gastroenteritis
Document Summary
Facts:pl consumes a ginger beer in an opaque bottle containing a decomposing snail, which was bought by a friend at a railway caf . On august 26, 1928; donoghue"s companion ordered and paid for a bottle of. Donoghue drank some of the contents and her friend lifted the bottle to pour the remainder into the tumbler. The remains of a decomposing snail dropped out of the bottle into the tumbler. Donoghue later complained of stomach pain and her doctor diagnosed her as having gastroenteritis and being in the state of severe shock. Donoghue sued stevenson, the manufacturer of the drink, for negligence. She was unsuccessful at trial and appealed the decision to the house of lords. Issues: whether pleading discloses a cause of action. Does the client have a cause of action even though she doesn"t have a contract with the company. Ratio:duty not to harm your neighbour proximity. Your neighbour is anyone reasonably foreseeably harmed by your conduct.
