Donoghue v Stevenson [1932] AC 562, 580
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The Plaintiff (Donoghue) received a ginger beer bottle bought for her by a friend
from a cafe
She drank some of it and found out that there are remains of a decomposed snail in
it
She suffered great mental shock and severe gastro--enteritis
The drink was manufactured by the Defendant (Stevenson)
Plaintiff argued the ginger beer was manufactured by the defendant to be sold to
the public
It was the duty of the defendant to ensure that no snails got into bottles
Inspect that there was nothing in the bottles when the ginger beer was poured in
and the bottle then sealed
The defendant failed in both of these duties
Defendant argued the argument raised by the plaintiff is irrelevant and insufficient
to support the conclusion reached by her summons due to the fact that it doesn’t fit
into any of the recognised categories for liability (i.e. there was no contract between
them)