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The final Essay and short in Class presentation
DUE 30 September mid night.
LAW203     Semester 2, 2023
1. A short essay – your summary of the Snail in the Ginger Beer case - 1,500 words with references!
2. A group presentation
The essay is only 1,500 words. You need to take a side in the case, either the lady Ms Donoghue or the supplier of the Ginger Beer, Stevenson.
There are a few YouTube videos on the Moodle site and URLs are at the bottom of this document.
What do you think is the significance of the law now in the 21st century? Why is it so famous?
Try to find some articles or documents either on the scholar.google.com or Proquest sites. You will need to use those as references.
What is the Neighbour Principle of Law? It is in the longer video 14 minutes.
The presentation – each of the group is to present an argument for either one side of the case or the other side.
Please take note. One of the curly issues with this case is that Ms Donoghue did not buy the ginger beer herself. Her friend bought it for her!! So is there a contract between Donoghue and the Ginger Bear manufacturer.
What does the law in this case say about who is responsible? See the longer video about ‘inspection’ of the bottle. Who do you think is responsible for making sure the ginger beer bottles are clean? Why?
Youtubes:
https:
www.youtube.com/watch?v=kBlpl2c-uaU
https:
www.youtube.com/watch?v=iRpbTAelDGQ
https:
www.youtube.com/watch?v=SwgPFjkMsW0
Answered 6 days After Sep 21, 2023

Solution

Dipali answered on Sep 23 2023
18 Votes
WRITTEN ASSIGNMENT        1
BOTTLE INCIDENT
Table of contents
Introduction    3
Historical Context    3
The Significance of the Case    4
Conclusion    8
References    9
Introduction
A turning point in the development of tort law, Donoghue v. Stevenson, sometimes refe
ed to as the "Snail in the Ginger Beer" case, has lasting relevance in the twenty-first century. This important legal precedent was established in 1932 by the House of Lords in the United Kingdom because of an apparently unremarkable occu
ence involving a bottle of ginger beer and a dead snail. However, its significant ramifications have reve
erated across the legal system, changing the legal system in a variety of ways. Consumer protection and product responsibility were still emerging ideas in the early twentieth century. By addressing the duty of care given by producers to customers, particularly in cases where there was no direct contractual link, the case questioned established legal standards. In light of this, Lord Atkin's creation of the "neighbour principle" established a precedent that continues to be a pillar of negligence law. This essay discusses the Donoghue v. Stevenson case's lasting relevance by looking at its historical setting, the development of the legal concepts it stands for, and its influence on cu
ent legal theories and consumer protection.
Historical Context
Early in the 20th century, when Donoghue v. Stevenson was decided, product liability and negligence law were still in a much-undeveloped state of development. With the industrial revolution and the rise of the consumer culture, society was going through a lot of upheaval at this time. As commerce and production grew, concerns about the obligations of producers to consumers developed. When the case occu
ed in 1932, consumer protection was not as strong as it is now. Few legal precedents existed to serve as a guide for decisions in situations involving injury
ought on by faulty items. Donoghue v. Stevenson was crucial in closing this legal loophole (Nottingham, 2022). By claiming that a duty of care might exist even in the absence of a contractual connection between the parties, it questioned established legal beliefs. This historical setting further highlights the importance of the case. It highlighted the need for legal rules that safeguard consumers from harm
ought on by the things they buy and was a significant development in tort law. This case continues to be important in the twenty-first century as a fundamental precedent for developing contemporary negligence and product responsibility rules.
The Significance of the Case
· The Neighbour Principle of Law: The "neighbour principle" of law, as it was put out by Lord Atkin in the seminal case of Donoghue v. Stevenson, has had a significant and long-lasting influence on the area of negligence law. A key duty of care premise was created by Lord Atkin's famous statement, which reads, "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour." This concept essentially states that people have a responsibility to take care of others who could be harmed by their acts or inactions. It goes beyond official contractual a
angements and
oadens the range of possible culpability in negligence instances (Monagail & Mo
ison, 2020). The "neighbour principle" is a key factor in deciding whether there is a duty of care in certain situations. It emphasizes the moral and legal obligation to act in a way that doesn't hurt other people. The "neighbour principle" is...
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