A01 & A02 Clinic

A02 Skill - Application of Legal Principles

Do you know how to apply  the famous snail in beer case of Donoghue v Stevenson in a negligence question?

Step 1: Identify the Parties and the Harm

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• Identify the claimant: This is the person who suffered the harm (similar to Mrs. Donoghue).

• Identify the defendant: This is the person whose actions (or inactions) caused the harm (similar to the manufacturer of the ginger beer).

• Identify the harm/loss: Clearly state the injury, damage, or loss that occurred. 

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Step 2: Establish the Duty of Care 

The core of the Donoghue v Stevenson application is determining if the defendant owed a legal duty of care to the claimant. This is where you introduce the "neighbour principle".

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• State the principle: Explain that, per Lord Atkin's famous statement, you must take reasonable care to avoid acts or omissions that you can reasonably foresee would be likely to injure your "neighbour".

• Define "neighbour": A neighbour is a person who is so closely and directly affected by your act that you ought reasonably to have them in contemplation as being affected when you are directing your mind to the acts or omissions that are called into question.

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• Apply to the facts:

• Could the defendant reasonably foresee that their actions would harm this specific claimant?

• Was there a sufficient degree of "proximity" between the defendant's actions and the claimant's harm? The case established that proximity does not require a direct contract or physical closeness; it can be satisfied by a manufacturer/consumer relationship, as was the case with the opaque bottle of ginger beer