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

Civil Legislation and the Law - Essay Example se 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 revolved 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 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 â€Å"damage caused by such neglect†¦Ã¢â‚¬  (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 injury 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 harmful ingredients. Lord Atkins, in his rule on the Donoghue case rules This was what she claimed as damages for tort negligence not amounting to Fraud. This is because the case does not invoke any aspect 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 possible 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, basic negligence could be attributed to defendants, and his