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Donoghue v. Stevenson

Negligence
Duty of Care
Tort Law
1932

Donoghue v. Stevenson (1932) is a foundational case in tort law that established the modern law of negligence and the famous "neighbor principle." This House of Lords decision created the legal framework for determining when a duty of care exists between parties, fundamentally shaping negligence law worldwide.

Citation

Donoghue v. Stevenson [1932] AC 562, [1932] All ER Rep 1 (HL)

Facts

Mrs. Donoghue visited a café in Paisley, Scotland, with a friend. Her friend purchased a bottle of ginger beer manufactured by Stevenson for Mrs. Donoghue. The bottle was made of dark opaque glass, making it impossible to see the contents clearly.

After consuming part of the ginger beer, Mrs. Donoghue poured the remainder into her glass and discovered the decomposed remains of a snail. She claimed to have suffered shock and gastroenteritis as a result of consuming the contaminated drink.

Mrs. Donoghue could not sue in contract because she had not purchased the drink herself - her friend had bought it for her. She therefore sued the manufacturer in tort for negligence, seeking damages for her illness and shock.

Issue

Does a manufacturer owe a duty of care to the ultimate consumer of their product when there is no contractual relationship between them, and if so, what is the test for determining when such a duty exists?

Rule

You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. Your "neighbors" are persons who are so closely and directly affected by your act that you ought reasonably to have them in contemplation when directing your mind to the acts or omissions in question.

Holding

Yes. The House of Lords held that a manufacturer owes a duty of care to the ultimate consumer of their product, even without privity of contract. The case established the neighbor principle as the test for determining when a duty of care exists in negligence.

Reasoning

Lord Atkin, delivering the leading judgment, established the neighbor principle with his famous statement: "The rule that you are to love your neighbor becomes in law, you must not injure your neighbor." The court's reasoning included:

  • The manufacturer had control over the product until it reached the consumer in the same condition
  • The opaque bottle prevented intermediate inspection, making the manufacturer solely responsible for the product's safety
  • The manufacturer could reasonably foresee that carelessness in the manufacturing process could harm the ultimate consumer
  • Public policy requires that manufacturers be held accountable for defective products that cause harm

The court rejected the argument that the absence of contractual privity barred the claim, establishing that tort duties can exist independently of contractual relationships when there is sufficient proximity and foreseeability of harm.

Significance

Donoghue v. Stevenson is one of the most important cases in the common law system. Its significance includes:

  • Foundation of Modern Negligence: Established the general principle of negligence that applies across all areas of tort law
  • The Neighbor Principle: Created the test for determining when a duty of care exists, based on reasonable foreseeability and proximity
  • Consumer Protection: Provided legal recourse for consumers harmed by defective products
  • Separation of Tort and Contract: Demonstrated that tort duties can exist independently of contractual relationships
  • Global Influence: The neighbor principle has been adopted by courts worldwide and remains the foundation of negligence law

The case marked the beginning of the modern law of negligence and established principles that continue to guide courts in determining liability. It is studied in law schools globally and cited in countless subsequent cases.

Frequently Asked Questions

What is the neighbor principle?

The neighbor principle states that you owe a duty of care to anyone who might reasonably be affected by your actions. Your "neighbors" in law are those who are so closely affected by your conduct that you should have them in mind when acting.

Why couldn't Mrs. Donoghue sue in contract?

Mrs. Donoghue didn't purchase the ginger beer herself - her friend bought it for her. Under contract law, only parties to a contract can sue for breach, so she had no contractual relationship with either the café or the manufacturer.

How did this case change product liability?

The case established that manufacturers owe duties directly to end consumers, not just to immediate purchasers. This created the foundation for modern product liability law and consumer protection.

What happened to the actual case?

The House of Lords decision only established that Mrs. Donoghue had a valid cause of action. The case was settled out of court before trial, so the facts were never definitively proven in court.

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