donoghue v stevenson (1932 uk hl 100)

From this general rule there are two well known exceptions: (1) in the case of an article dangerous in itself; and (2) where the article, not in itself dangerous, is in fact dangerous by reason of some defect or for any other reason, and this is known to the manufacturer. The declaration averred, inter alia, that the defendant "so improperly and negligently conducted himself" that the accident complained of happened.

She does not require to invoke the exceptional cases in which a person not a party to a contract has been held to be entitled to complain of some defect in the subject-matter of the contract which has caused him harm. entitled to recover on the ground of the defendants' breach of duty to see that the truck was not in a dangerous condition. Nevertheless, the manufacturer tacitly invited the purchasers to consume the contents of the bottles, and he was liable to the consumer if, through carelessness on his part, the contents were noxious.1 It was true that George v. Skivington2 had not always been favourably commented on, but it had never been overruled, and it had been referred to by the House of Lords without disapproval.3 In the United States the law had been laid down as contended for by the appellant.4 Reference was also made to the undernoted authorities.5, Argued for the respondent;–The general rule was that a manufacturer owed no duty to a consumer with whom he had no contract. 5 217 N. Y. R., at p. 385. defendant would have us say that he was the one person whom it [the defendant company] was under a legal duty to protect. The respondent challenged the relevancy of the appellant's averments; and, taking them pro veritate, as for this purpose he was bound to do, pleaded that they disclosed no ground of legal liability on his part to the appellant. Indeed, it could be interpreted as narrow as to establish a duty not to sell opaque bottles of ginger-beer, containing the decomposed remains of a dead snail, to Scottish widows.6, Read more broadly, the decision has several components: first, negligence is distinct and separate in tort; second, there does not need to be a contractual relationship for a duty to be established; third, manufacturers owe a duty to the consumers who they intend to use their product.7, However, the primary outcome of Donoghue, and what it is best known for, is the further development of the neighbour principle by Lord Atkin, who said:8. The present case did not fall within either of these exceptions, and the appellant was trying to introduce into the law a third exception, viz., goods intended for human consumption and sent out by the manufacturer and sold to the consumer in a form in which examination was impossible. the second Division of the Court of Session from whose judgment this appeal has been brought. The said ginger beer bottle was fitted with a metal cap over its mouth. It is not at all necessary that there should be any direct contract between them, because the action is based, not upon contract, but upon negligence; but it is necessary for the pursuer in such an action to show that there was a duty owed to her by the defender, because a man cannot be charged with negligence if be has no obligation to exercise diligence– Kemp & Dougall v. Darnga & Coal Co.,1 per Lord Kinnear; see also Clelland v. Robb,2, per Lord President Dunedin and Lord Kinnear. In consequence of the negligence of the surveyor the certificates contained untrue statements as to the progress of the buildings, but there was no fraud on his part. Argued for the appellant,–The appellant had stated a relevant case upon record.

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