What are the changes to the law effected by the decision in Donoghue v Stevenson 1932?

Question

and consider whether the court was applying or making the law?

This is my essay question please help me.

Thank you

Answer 1

Ginger beer

Answer 2

Donoghue v Stevenson is basically the foundation of modern law of negligence; specifically through the formulation of the 'neighbour principle' by Lord Atkin, whereby a duty of care is owed to avoid causing harm to those who you can reasonably foresee would likely be injured by your acts or omissions.

Answer 3

It was a milestone case in English legal history and resulted in the first case of duty of care other than through special relationships. It stated that a manufacturer will owe a duty of care to the ultimate consumer irrespective of whether there exists a contract between them.

As a result of this case, subsequent cases have further developed this notion of duty of care and have established other situations where parties owe a duty to one and another.

Courts are not allowed to make law as that is ultra vires. They are only allowed to act within their jurisdiciton and usually apply the law to the facts and draw conclusions based on different rules of interpretation. The golden rule, purposive rule and literal rule of interpretations are three different ways in which the Judiciary attempt to apply the law to the facts.

Answer 4

English courts are to interpret law and not make judge law like in the US. If you look at your case history you will find that there were cases that laid the foundation for Donoghue v Stevenson in 1932. It is up to you to do the research necessary to answer the question.