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The Snail and the Ginger Beer: The Singular Case of Donoghue V Stevenson

Penned By Matthew Chapman
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The Snail and the Ginger Beer: The Singular Case of Donoghue V Stevenson

Penned By Matthew Chapman
4.85 35,400 Ratings
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Editor's Note:
On an August evening in 1928 May Donoghue, a shop assistant, entered a café in Paisley. The circumstances of her visit made legal history. A ginger beer was ordered for Mrs Donoghue who famously complained that, to her surprise and shock, a decomposed snail had tumbled from the bottle into her glass. Mrs Donoghue sued for the nervous shock she claimed to have suffered as a result. The question whether she had a case in law against the manufacturer of the ginger beer was argued as far as the House of Lords. It is hard to overstate the importance of the decision in Donoghue v Stevenson. It represents, perhaps, the greatest contribution made by English and Scottish lawyers to the development of the common law. Donoghue v Stevenson made it clear that, even without a contract between the parties, a duty of care is owed by A to take reasonable care to avoid acts or omissions which could reasonably be foreseen as likely to cause injury to his neighbour: B . This concept, developed by the great jurist Lord Atkin, has become known by the universal shorthand, the neighbour principle . Who, Lord Atkin asked rhetorically, is in law my neighbour? Donoghue v Stevenson provides the answer. The Snail and the Ginger Beer tells the full story of this remarkable case. It provides vivid biographical sketches of the protagonists and of the great lawyers who were involved in the case. It sets Donoghue v Stevenson in its historical context and re-evaluates the evidence. The roots of the neighbour principle are excavated in the parable of the Good Samaritan and the case law of the United States. The constitutional importance of the case is also dealt with; the blow it struck for a moral approach to the law which departed from a rigid doctrine of precedent. Finally, the book investigates the influence of Donoghue v Stevenson across the common law world: from the USA to the countries of what is now the Commonwealth.

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Length N/A Pages
Language En-GB
Released December 1, 2009
Identifier (ISBN) 7963972
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Matthew Chapman
The Mind Behind the Work
Matthew Chapman

Matthew Chapman writes contemporary fiction and has always been fascinated by character-driven stories. They hold a degree in English Literature and previously worked as an editor before transitioning to writing their own books. Matthew Chapman lives with their spouse and a very vocal rescue cat.

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Michelle Wright
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"A profoundly satisfying read. I became deeply invested in the protagonist's journey. A masterclass in storytelling. An absolute must-read for connoisseurs of the genre."
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"Excellent, though slightly flawed. A brilliant concept executed with flair. Just a few pacing choices I would change. I would highly recommend this to discerning readers."
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Elizabeth Lopez
Elizabeth Lopez September 11, 2024
"It was adequate. The tempo was somewhat languid, and I found my mind wandering. Not poor, simply average. Perfectly average."
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