Principles of the Law of Negligence Essay Example | Topics and Well Written Essays - 1000 words

Principles of the Law of inadvertence - Essay ExampleThe plaintiff argued that the defendants negligence (snail infested beer) caused her grievous emotional harm (shock) and original gastroenteritis. In her argument, she argued that the manufacturer was liable because he had manufactured beer that was meant for the expending by the general public and which light-emitting diode to her illness. In fact, the bottle was labelled under his name, thus proving ownership of the beer and its contents. In addition, the beer was sealed before consumption meaning that the contents of the bottle ( powdered ginger beer and the snail) could be traced straight off to Stevenson. Therefore, the defendant had a duty of care to Donoghue because she was directly harmed by his actions and the defendant should have had a check mechanism in place to ensure that the ginger beer was safe for public consumption. Since Stevenson failed to do this, he was liable for negligence. The plaintiff was unsuccessful in trial nevertheless her case was appealed in the House of Lords where it was ruled in her favor on grounds of the neighbor principle. In his judgement, Lord Atkins asserted that one should take reasonable care to ensure that ones actions do not harm their neighbor.In short, one should not intentionally harm their neighbor in foresight, as they pass on be found to be negligent for any grievous harm inflicted on their neighbors due to their actions/ omissions. In this case, neighbors refer to people who are foreseeably affected in reasonable degree by a persons omissions or actions.