Worked example 1
After drinking a bottle of ginger beer at a café, May discovers a decomposed snail at the bottom and suffers gastroenteritis and psychiatric shock. She wants to sue the manufacturer. Explain the nature of her claim in negligence and the legal framework the court would apply. [12 marks]
Show solution outline
Nature of claim: May would bring a civil claim in negligence — a private action for compensation, not a criminal prosecution. The standard of proof is balance of probabilities.
Historical context: Before Donoghue v Stevenson [1932], manufacturers often escaped liability because May had no contract with them. Lord Atkin's neighbour principle changed this: you must take reasonable care to avoid acts or omissions you can reasonably foresee would injure your neighbour (those closely and directly affected).
Three-part test (overview):
- Duty of care — manufacturer owes consumers a duty (Donoghue; see 4.1.2).
- Breach — failure to meet reasonable standard in production/inspection (4.1.3).
- Causation and damage — illness must be caused by contaminated drink; type of harm must be foreseeable (4.1.4).
Remedy: Compensatory damages for physical injury and any recognised psychiatric harm — not punishment of the manufacturer.
Conclusion: Negligence is fault-based: the manufacturer is liable only if it failed to take reasonable care and that failure caused May's losses.