Donoghue v Stevenson Case Summary
A concise case summary of Donoghue v Stevenson, including the facts, the absence of a contractual claim and the House of Lords’ duty-of-care decision.
Key takeaways
- Mrs Donoghue had no contractual claim against the manufacturer because her friend bought the drink.
- The House of Lords recognised a duty of care owed by manufacturers to ultimate consumers.
- The neighbour principle became a foundation of the modern law of negligence.
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Donoghue v Stevenson** (1932) AC 562, UKHL 100**
FACTS
– The Plaintiff (or Claimant as they are now called), Mrs Donoghue drank from a bottle of ginger beer. This was bought to her by a friend in a café.
– The bottle was opaque and when she poured the contents into her glass, she noticed a decomposed snail in the bottom.
– The snail allegedly caused her to become sick.
– Mrs Donoghue did** not hold a contract** with the beer manufacturer, so the only way she could seek legal redress was through the tort of negligence.
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The below diagram illustrates the contractual relationship in the case – note that Donoghue did not have a contract with Stevenson, therefore the action was in negligence rather than breach of contract.
DECISION
– The House of Lords (as it then was) held that the manufacturer (Stevenson – the Defendant) owed Mrs. Donoghue a duty of care not to cause her injury. This is sometimes referred to establishing the ‘neighbourhood principle’.
– Three main reasonings of the court:
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Negligence is a distinct and separate element of tort law
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Duty of care in tort does not require a contractual relationship
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Manufacturers of a product owe a duty to those who intend to use their product
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About the author
Keane Davison
Keane is a barrister and the founder of The Law Tutors, with a focus on helping students at every stage of legal education and practice.
