Timera Foster
Law Unit 2
October 16, 2022
Case Brief - Donoghue v Stevenson
Issue - Is the respondent obligated to the appellant simply because there is no contractual
term?
Facts - The Appellant drank a bottle of ginger beer, manufactured by the Respondent, which
a friend had bought from a retailer and given to her. The bottle contained the decomposed
remains of a snail. She suffered from shock and severe gastroenteritis.
Principle - The Appellant's case is solely based on a tort based on negligence (Negligence is a
Tort) The respondent had duty of care towards the final consumer (Duty of Care)
Held/Decision - Appeal allowed