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Discuss the introduction of the concept

 Discuss the development of the concept Essay Discuss the development of the concept Essay

п»їDiscuss the development of the concept of the duty of care in the tort of negligence Ahead of 1932, 12 months of the Appeal Court's decision in Donoghue v Stevenson (1932), there were no standardised duty of care in negligence circumstances. The wrong or tort was acknowledged in most situations. Grade: В A-CВ |В

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Prior to 1932, the year of the Charm Court's decision in Donoghue versus Stevenson (1932), there was simply no standardised work of proper care in negligence cases. The incorrect, or tort, was recognized in certain circumstances. These situations depended upon the legal courts finding that a duty was payable. Examples included, road incidents, bailments and dangerous items. So the tort existed but it's application was limited to these exceptional circumstances and questions came about as to whether this might be justified. In Donoghue v Stevenson the opportunity arose for Head of the family Atkin to draw up an over-all rule or principle which in turn would cover all the scenarios where the process of law had currently held that a party could possibly be held accountable in carelessness. Donoghue v |Stevenson is of course the well known circumstance of the decaying snail within a bottle of ginger beer. May possibly Donoghue brought a assert for problems against David Stevenson following finding the decaying snail in a bottle of ginger beer made by him. The problem at the time was who can Ms Donoghue sue? She was not able to sue the master of the café successfully, both in contract or atteinte.  Mrs. Donoghue's only conceivable recourse was going to sue Stevenson, the manufacturer in the ginger beer. Achievement depended on the question:       " …whether the maker of an actual drink sold by him to a supplier, in conditions which prevent the distributor or perhaps the ultimate buyer or consumer from obtaining by inspection any problem, is under any legal duty towards the ultimate purchaser or buyer to take sensible care that the article is free from problem likely to trigger injury to overall health. ” Lord Atkin mentioned:  " The rule that you're to like your neighbour...