Philosophy 2080 Lecture Notes - Lecture 1: Ginger Beer, Gastroenteritis, Private Case
6 Feb 2018
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The house of lords" ruling in this case established the civil law tort of negligence and obliged manufacturers to observe a duty of care towards their customers. Facts: on the 26 august, 1928, may donoghue and a friend were at a caf in glasgow (scotland), donoghue"s companion ordered and paid for her drink. The cafe purchased the product from a distributor that purchased it from stevenson: the ginger beer came in a dark bottle, and the contents were not visible from the outside. Donoghue drank some of the contents and her friend lifted the bottle to pour the remainder of the ginger beer into the tumbler. Interesting that she didn"t have to give evidence. The outcomes of donoghue v. stevenson established several legal principles and precedents: Firstly, the house of lords ruling affirmed that negligence is a tort. A plaintiff can take civil action against a respondent, if the respondent"s negligence causes the plaintiff injury or loss of property.
