... her friend that entered into an agreement by buying the bottle of ginger beer. The principle of tort did not allow consumers to sue manufacturers for injuries. Despite this, Donoghue argued that manufacturers should be liable to consumers for their faulty products. Donoghue was successful in her claim and her case now serves as a precedent for all negligence cases to date and, most importantly, ensures consumers have legal rights. However, before a person can successfully sue for negligence, a number of tests have to be undertaken. One of the first is classified as the three elements of negligence, and consequently it ensures that the three elements necessary to sue for negligence are established. These elements are firstly, that the defendant owed the plaintiff a duty of care, secondly, that the duty of care was breached and thirdly, that the plaintiff suffered damage as a result. Prior to the Donoghue v ...

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