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Words: | Submitted: Tue Jun 20 2006
... Donoghue decided to sue the manufacturer of the ginger beer for his negligence. It was held in this case that there could be a remedy available in the law of tort. The manufacturer owed a legal duty of care to the ultimate consumer of his product. From this case the neighbour principle was established. In his judgment Lord Atkin stated: ''You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.''3 He also went on to define 'neighbour' in the legal sense. ''...persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question.''4 This principle established negligence as an independent tort. The test for establishing a legal duty of care has further ...
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