What did Donoghue v Stevenson establish?

Donoghue v Stevenson remains highly relevant today as it established the foundational principle of negligence in tort law, known as the “neighbour principle.” This principle asserts that individuals must take reasonable care to avoid acts or omissions that could foreseeably harm others (Street, 1965; Murphy, 2011; Castle, 2003).

Foundation of modern negligence law:

The case is a landmark in establishing a separate tort of negligence, which is now a fundamental aspect of common law systems worldwide. It introduced the concept that a duty of care is owed to those who could be foreseeably affected by one’s actions (Murphy, 2011; Castle, 2003).

Expansion of duty of care:

Lord Atkin’s judgment in Donoghue v Stevenson allowed for the expansion of negligence cases by creating a general conception of relationships that give rise to a duty of care. This opened up new categories of cases where a duty of care could be recognised, even in the absence of direct precedent (Street, 1965; Murphy, 2011).

Consumer protection:

The case is often viewed as a precursor to modern consumer protection laws, emphasising the manufacturer’s liability for defective products. It laid the groundwork for holding manufacturers accountable for ensuring their products do not cause harm (Amin, 2009).

Ongoing legal influence:

Despite the complexity and evolution of negligence law, Donoghue v Stevenson continues to be a reference point in legal education and practice. It is frequently cited in cases involving the establishment of a duty of care, demonstrating its enduring influence (Clarke and Devereux, 2019; Murphy, 2011).

In conclusion, Donoghue v Stevenson is still relevant today as it established the principles of negligence that underpin modern tort law. Its introduction of the neighbor principle and expansion of duty of care have had a lasting impact on legal systems, consumer protection, and the development of negligence law.

Click here to read a case summary of Donoghue v Stevenson.

References

1. Street, H., 1965. The Twentieth Century Development and Function of the Law of Tort in England. International and Comparative Law Quarterly, 14, pp. 862 – 8streeet77. https://doi.org/10.1093/ICLQAJ/14.3.862
2. Clarke, A., & Devereux, J., 2019. Hard cases making bad law: The elusive search for a test for duty of care. **, 26, pp. 177-189.
3. Murphy, G., 2011. The snail and the ginger beer: the singular case of Donoghue v Stevenson. Commonwealth Law Bulletin, 37, pp. 214 – 215. https://doi.org/10.1080/03050718.2011.548163
4. Amin, N., 2009. Revisiting Donoghue v. Stevenson: an analysis from the perspective of consumer protection. **.
5. Castle, R., 2003. Lord Atkin and the Neighbour Test: Origins of the Principles of Negligence in Donoghue v Stevenson. Ecclesiastical Law Journal, 7, pp. 210 – 214. https://doi.org/10.1017/S0956618X00005214
6. Scottish Council of Law Reporting (1932) ‘Donoghue v. Stevenson’, Session Cases, [online]. Available at: https://www.scottishlawreports.org.uk/resources/donoghue-v-stevenson/case-report/ (Accessed: 9 April 2025).

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