Recognise that if he did not use ordinary care and

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recognise that if he did not use ordinary care and skill… he would cause danger of injury to the person or property of another, a duty arises to use ordinary care and skill to avoid such danger. Took another 50 years for the idea to take off. o Donoghue v Stevenson (1932) : P went to a café with a friend in Scotland. P’s friend bought her a ginger beer to consume. The waiter brought out the drink in its sealed, opaque bottle. P drank some of the beer. Her friend poured her some more and the decomposed remains of a snail fell out . P suffered psychological damage and food poisoning from the snail. Can she sue the café for breach of contract? No, because there was no contract. Her friend bought the beer, and therefore if there was a contract it would only be between the friend and the cafe. The bottle was not clear/ see-through, it was opaque and therefore there was no way of the waiter knowing about the snail inside as he could not check it before he served it. Therefore could not sue the waiter/café for negligence. P sued the manufacturer who said they did not owe consumers a duty of care (as they were not in the specific categories set out for circumstances where a duty of care is owed). Held: Judges Rulings 3-2. The minority said there was no duty of care on behalf of the manufacturer. Lord Buckmaster (minority) said: ‘…where goods of the [defendants] are widely distributed throughout Scotland, it would seem little short of outrageous to make them responsible to members of the public for the condition of the contents of every [article] which issues from their works. Torts Lecture Notes 1
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Neighbourhood principle (General principle for duty of care) : Lord Atkin (majority) said (CB p 136): ‘You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? … persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question .’ Was owed a duty of care (although she didn’t win). (What you have to do if you owe a duty- ‘you must take reasonable care’ Lord Atkin’s general criteria for existence of Duty of Care: 1. A DOC is owed to those persons so closely and directly affected by the defendant’s act (proximity requirement) 2. … That such an effect is within reasonable contemplation (reasonable foreseeability requirement) ‘Where an established duty of care does not already exist, a person will owe a duty of care not to injure those who it can be reasonably foreseen would be affected by their acts or omissions.’ o S 56(5) Wrongs Act 1958 (Vic): ‘Nothing in this section is intended to alter any duty of care to give a warning of a risk of harm or other information.’ (b) Reasonable Foreseeability Chapman v Hearse : Chapman was driving very badly (negligently) on the road and crashed his car, causing the car to flip over and he flew to the middle of the road. A doctor, Dr Cherry, happened to be driving along that road at the same time, so
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