DONOGHUE V STEVENSON: WHAT THE LAW TEXTBOOKS DIDN´T TELL YOU
Donoghue v Stevenson is one of the most celebrated cases in legal history and is often just affectionately referred to as the case of the snail and the ginger beer. There is no doubting that it has influenced the development of the law of negligence across the common law world. However, there are certain aspects to the case that are not dealt with in most of the law books and lectures. This session takes a look behind the scenes by referring to some of the original court papers and documents such as Mrs Donoghue’s medical records. Was there really ever a snail in the bottle of ginger beer? Why did Mrs Donoghue not report the incident at the time? Who were the main actors and protagonists? Why was the evidence never properly tested in court? How might a modern-day insurance company deal with the allegations made by Mrs Donoghue? This session aims to shed a new light on this famous case and to look at it from a very different, and at times, controversial angle.
By the end of the session, participants will be able to:
Develop and use critical thinking skills to evaluate previously decided case law.
Understand the historical context of the development of the law of negligence.
Appreciate more fully the background to the seminal case of Donoghue v Stevenson.
Approach the facts of the case as a modern-day insurer would, to decide whether the same outcome would be likely today!