Donahuge
Texte du Storyboard
- Glisser: 1
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- It was 1928 a summer in Scotland Donohue and her friend went to a cafe in Glasgow to enjoy of a float to quench their thirst. And so they went inside and ordered a float with ginger beer.
- Glisser: 2
- Here is your float I will pour in half and leave you the other half, your welcome
- I would like a vanilla float with ginger beer, Thank you
- Donoghue and her friend are at this cafe and they are both very thirsty so they stop by and Donoghue enjoys of a float with ginger beer the waiter gives them the bottle and pours half of it in the ice cream and then her friend pours the rest of it in the ice cream.
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- OMG what happened what do I do!!!
- I FEEL SICK!!!
- All of a sudden as Donehue was eating her float she said that she felt sick to her stomach her friend didn't understand why she felt like this and she didn't understand either.
- Glisser: 4
- This was a case ofgastroenteritis meaning there were snail bides in the beverage you drank
- WHAT IN THE WORLD THIS IS NOT MY FAULT!!!
- Oh really well now I am going to sue them!
- So turns out Donoghue claimed that she felt sick so she went to the doctor and the doctor found that she had gastroenteritis she then sued Stevenson which he is the manufacture for negligence also the beer had remnants of a snail. She thought that he should pay compensation because her illness was caused by the snail bides in the beer.
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- Donoghue was unsuccessful at trial and appealed the decision to the house of Lord but Shevenson argued that it was not his fault because he didn't have a contract. The case developed a concept of duty of care in the tort of negligence but before cases were with contracts but because there was no contract between them but the lords decided to unshackle the duty concept one of the lords said the you must not injure your neighbor which then became the neighbor principle. Even though they were strangers she had the right to expect that Stevenson should insure the beer he was producing that was free of snail bides.
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- You have duty to check your goods in this case
- In this case there was duty which was that the duty to take reasonable care to ensure that their products are safe for consumption. So she did not win in court but when she appealed it she technically did because he then had the duty to ensure his good didn't have any snail bides, and it didn't matter if he had a contract or not it was up to the lords l.ikeLords Buckmaster and Tomlin, in the dissent, state that the common law principles cannot be changed and that to allow this appeal would change too much.
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