Philosophy 2080 Study Guide - National Coal Board, Benjamin N. Cardozo, Vicarious Liability
10 Dec 2013
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M alister (donahue) v. stevenson snail in ginger beer. House of lords plaintiff appealing appeal allowed. Lord atkin: must not injure your neighbor. Created the modern concept of negligence, by setting out general principles whereby one person would owe another person a duty of care. Duty of care not owed to the world at large, but only your neighbor. Opaque bottle made the relationship between manufacturer and consumer very close or proximate: not possible to examine contents of bottle between manufacture and consumption. Arguably first successful lawsuit of its kind foreseeable plaintiff test/duty of care had not been defined by law prior. Perfect example of common law in action. Loss should not be too remote from the conduct that has allegedly been its cause. 2: proximity taken into consideration not necessarily in time or distance, but as such close and direct relationships that a person or property could be injured. Palsgraph v. long island railway explosive package at train station.
