Civil Legislation and the Law Essay Example | Topics and Well Written Essays - 2250 words

Civil Legislation and the Law - Essay Examplese inner contents cannot be visibly from the outside, and there are no ways and means by which it is possibly for consumers to ascertain the contents of the bottle by viewing it externally.The facts of this case rotate on the perceived lack of care, or tort of negligence, displayed by the manufacture of ginger beer, in that its contents could hold toxic or health hazards, emanating due(p) to issues arising due to lack of care and ordinary diligence, which had resulted in such situations. In this case, the ginger beer drunk by the plaintiff contained the remnants of a decomposed snail, which precipitated distress and illness in the applicant, Mrs. Donoghue and caused her significant health issues which necessitated medical treatment.Subsequently she brought action on the grounds that the manufacture had been liable for damage caused by such neglect (Donoghue (or M Alister) v Stevenson House of Lords 1932 All ER Rep 1).The area of Tort of Negligence could be invoked in this case. She could bring up a suit for damages for dishonor caused to her due to consumption of contaminated ginger beer, due to apparent negligence on the part of the manufacturer to ensure that the consumable articles are free from noxious ingredients. Lord Atkins, in his rule on the Donoghue case rulesThis was what she claimed as damages for tort negligence not amounting to Fraud. This is because the case does not invoke any opinion of fraud or misrepresentation. The manufacturers, Stevenson, did not intentionally cause the snail to be placed in the bottle. It is believed that the place where the cleaning of bottles and refilling was conducted, hosted snails and other reptiles. It is quite potential that a snail may have lodged itself in the bottle. Subsequently, the bottle was filled and sealed by agents of the defendant, without inspecting whether the bottle was clean and contained any thing or not. Thus, staple negligence could be attributed to defendants, and his