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Write 6 pages thesis on the topic donoghue v stevenson. The trial judge found favor in the plaintiff’s action, but the Court of Appeal, however, overturned this decision ([1932] AC 562). Hence, the pl
Write 6 pages thesis on the topic donoghue v stevenson. The trial judge found favor in the plaintiff’s action, but the Court of Appeal, however, overturned this decision ([1932] AC 562). Hence, the plaintiff appealed to the House of Lords ([1932] AC 562).
Hence, the issue, in this case, was whether Stevenson, the defendant, owed Mrs. Donoghue a duty of care ([1932] AC 562). The decision was ruled in favor of the plaintiff allowing the appeal and remitting the case to the Court of Session in Scotland. Lord Atkin, in his speech, stated that “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be, however, to injure your neighbor,” ([1932] AC 562). In explaining who was considered as a neighbor, in this case, Lord Atkin explains that these are persons who are so closely and directly affected by the ones ought to be reasonably affected by the acts or omissions called in question ([1932] AC 562). Citing the doctrine of Heaven v. Pender, on the notion of proximity, he explained, “Under, certain circumstances, one man may owe a duty to another, even though there is no contract between them, as if one man is near to another, or is near to the property of another, a duty lies upon him not to do that which may cause a personal injury to that other, or may injure his property,” ([1932] AC 562). He further explained that this principle was founded upon the duty to take due care. This opinion was in turn supported by both Lords Thankerton and MacMillan, adding that in the present case, the article of consumption is so prepared as to be intended to reach the consumer in the condition in which it leaves the manufacturer, and the manufacturer must take steps to ensure this by sealing or otherwise closing the container so that the contents cannot be tampered with his control as remaining effective until the article reaches the consumer and the container is opened by him ([1932] AC 562).
