McAllister married Henry Donoghue on 19 February and had four children with him; however, all but one, Henry, were born prematurely and lived no longer than two weeks. Stevenson, Glen Lane, Paisley".
These are what are called the "elements" of negligence. Most jurisdictions say that there are four elements to a negligence action: Some jurisdictions narrow the definition down to three elements: Duty of care[ edit ] Main article: Duty of care A decomposed snail in Scotland was the humble beginning of the modern English law of negligence The legal liability of a defendant to a plaintiff is based on the defendant's failure to fulfil a responsibility, recognised by law, of which the plaintiff is the intended beneficiary.
The first step in determining the existence of a legally recognised responsibility is the concept of an obligation or duty. In the tort of negligence the term used is duty of care  The case of Donoghue v Stevenson   established the modern law of negligence, laying the foundations of the duty of care and the fault principle which, through the Privy Councilhave been adopted throughout the Commonwealth.
The friend bought Mrs Donoghue a ginger beer float. She drank some of the beer and later poured the remainder over her ice-cream and was horrified to see the decomposed remains of a snail exit the bottle.
Donoghue suffered nervous shock and gastro-enteritis, but did not sue the cafe owner, instead suing the manufacturer, Stevenson. As Mrs Donoghue had not herself bought the ginger beer, the doctrine of privity precluded a contractual action against Stevenson.
The Scottish judge, Lord MacMillan, considered the case to fall within a new category of delict the Scots law nearest equivalent of tort.
The case proceeded to the House of Lordswhere Lord Atkin interpreted the biblical ordinance to 'love thy neighbour' as a legal requirement to 'not harm thy neighbour. Harm must be 1 reasonably foreseeable 2 there must be a relationship of proximity between the plaintiff and defendant and 3 it must be 'fair, just and reasonable' to impose liability.
However, these act as guidelines for the courts in establishing a duty of care; much of the principle is still at the discretion of judges. The test is both subjective and objective. There is a reduced threshold for the standard of care owed by children.
In the Australian case of McHale v Watson,  McHale, a 9-year-old girl was blinded in one eye after being hit by the ricochet of a sharp metal rod thrown by a year-old boy, Watson. The defendant child was held not to have the level of care to the standard of an adult, but of a year-old child with similar experience and intelligence.
Kitto J explained that a child's lack of foresight is a characteristic they share with others at that stage of development. Certain jurisdictions, also provide for breaches where professionals, such as doctors, fail to warn of risks associated with medical treatments or procedures.
Doctors owe both objective and subjective duties to warn; and breach of either is sufficient to satisfy this element in a court of law.The famous case of Donoghue v. Stevenson () established the tort of negligence and obliged manufacturers to have a duty of care towards their customers.
Donoghue v. Stevenson, also known as the ‘snail in the bottle case’, is a significant case in Western law. The ruling in this case established the civil law tort of negligence and obliged businesses to observe a duty of care towards their customers.
The events of the case took place in Paisley, Scotland in 19 Ibid (Lord Macmillan). 20 Mathew Chapman, The Snail and the Ginger Beer: The Singular Case of Donoghue v Stevenson (London: Wildy, Simmonds & Hill, ) 21 Honni van Rijswijk, ‘Mabel Hannah’s Justice: a contextual re-reading of Donoghue v Stevenson’ () 5 public Space: The Journal of Law and Social Justice 1, 7.
22  AC (HL). Donoghue v Stevenson  AC House of Lords Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream.
The ginger beer came in an opaque bottle so that the contents could not be seen. Donoghue V Stevenson The case of Donoghue v Stevenson is very important, as it set a major precedent - the legal concept of duty of care.
In the case, the judge, Lord Aitken, defined the " neighbour " principle. Example of the Development of Court Made Law The development of negligence, in particular, the duty of care and native title are examples of precedents at work. Development of the Law of Negligence The development of Negligence in the last hundred and fifty years provides a good illustration of the role of analogy in the case law process.