Donoghue v Stevenson Analysis

Donoghue v Stevenson Analysis Introduction The case of Donoghue v Stevenson is arguably one of the most famous cases in the common law system and definitely one of the most important in the history of the development of the tort law. The revolutionary significance of the decision in this case is in the establishment of a standardised duty of care in negligence cases. Indeed, over the years after the precedent was set the courts have progressively shifted from the ascertaining a specific duty of care for each kind of situations, to the approach that assumes the existence of the general duty of care as it was established in Donoghue v Stevenson, and in particular Lord Atkins famous neighbour principle.[1] This essay is going to discuss the relevance of the principles established in this case in the modern tort law. The essay will start with the discussion of the established precedent, then moving to the development of the neighbour principle in the subsequent case law and its application today. The importance of the decision of the case In fact, the case established several important principles. They are: the recognition of the negligence as a distinct tort, the recognition of liability in situations, where there is no contractual relationship between the defendant and the claimant, the establishment of a duty of care owned by manufacturers to the ultimate consumers and the neighbour principle. [2] Nevertheless, Lord Atkins neighbour principle is the most well-known part of the decision of the case, despite the fact that according to the official sources it was never a part of the ratio of the decision in Donoghue v Stevenson.[3] Lord Atkins approach was recognised for the first time Word count: 1391 in the case of Hedley Byrne v Heller[4], and later in the Home Office v Dorset Yacht Co Ltd Lord Reid stated that the decision in the case of Donoghue should be treated as a precedent and that that it ought to apply unless there is some justification or valid explanation for its exclusion.[5] The idea behind this was to unify the previous cases and to make the decisions in the future cases more predictable. Thus, the neighbour principle established two concepts foreseeability and proximity. These two key concepts triggered the development of tort law in the 20th century. The development of the established concepts The principle established in Donoghue v Stevenson was seen as an important milestone in the history of tort law as it was the first successful attempt to set out a general principle with respect to the concept of the duty of care. However, later the courts started to acknowledge that the neighbour principle was too simplistic and limited in scope. Therefore, the evolution of the tort of negligence since the snail in the bottle case has been a search for control mechanisms that can limit the scope of the duty concept. So, within the case law on duty of care there has been a shift from a general concept of duty formulated in the neighbour principle to more specific criteria. Indeed, in Anns v Merton London Borough Council, the House of Lords decided to modify the test for the establishment of a duty of care by imposing policy considerations to limit the imposition of a duty of care.[6] The test formulated in Anns was that the defendant owed the claimant to take reasonable care, as long as it was reasonably foreseeable that a failure of doing so would result in damage to the claimant, unless there was some policy reason that limited the scope of the duty or the class of people to whom it was owed or the damages to which a breach of the duty may Word count: 1391 give rise. [7]The first part of the test clearly corresponds to the Lord Atkins test, but the second part was created to restrict claims. The main criticism of this test was that it could lead to an expansion of the situations in which a duty of care could arise. Therefore, in 1990 the Anns test was rejected in the case of Murphy v Brentwood District Council.[8] As the test set in Anns was not sufficient enough, and it was replaced with the test for a duty of care set in Caparo Industries v Dickman. [9] The Caparo test narrowed the test set in Anns by implementing an additional stage to the test. The Caparo test consists of requirements of reasonably foreseeable harm, a relationship of proximityaand that for the imposition of a duty to be fair just and reasonable. The first two stages of Caparo test were based on judgement in Anns, which corresponds back to Lord Atkins neighbourhood principle and the fair, just and reasonable requirement relates to same public policy considerations as the second stage of the Anns test. However, an essential difference between Caparo and Anns is that Caparo test emphasised the incremental and by analogy approach in order to prevent massive extensions of the duty of care concept, meaning that there must be an analogous situation in the previous case law in order to justify the extension of the duty of care in novel situations.[10] By accepting the incremental and by analogy approach the courts rejected the broad formulations from the previous case law and constrained the precedent set in Donoghue v Stevenson to cases concerned with physical damage. [11] Word count: 1391 So, from one point of view, it can be said that the decision in Donoghue v Stevenson created a basis for the establishment of the test in Caparo as first two requirements are clearly taken from the neighbour test. However, some critics say that the intention of judges in Caparo was to change the neighbour principle in entirety. Indeed, in the modern times the incremental approach developed in Caparo suggests that the claimant can only sue the defendant for the breach of the duty of care only in situations where the existence of the duty is established. This seems to contradict the aim of Lord Atkins biblical principle. [12] As has been recognised in Anns and Caparo, the approach taken by the judges in Donoghue v Stevenson is too simple, especially in the modern times, where the law of negligence has become even more complicated than it used to be. Nowadays the courts use different approaches for different situations, for example the approach for the establishment of duty of care for psychiatric injuries is not the same as for physical injuries. Indeed, according to Heuston other considerations beyond foreseeability and proximity begin to acquire greater significance and the principles established in Donoghue are applicable only to relatively straightforward cases, but not to the liability for non-physical injuries, or for omissions, or for the conduct of third parties.[13] However, it can be said that the decision in Donoghue v Stevenson formed a foundation for the development of all the aforementioned areas of tort law. Conclusion To conclude, some scholars express the view that the importance of the case of Donoghue v Stevenson was overrated both by its supporters and critics.[14] However, in my opinion, even though the importance of the decision of this case nowadays is reduced, the case has a lasting effect, the significance of which lies not only in the established principles, but in the ideas that changed the law of tort forever, and in particular the law of negligence. Bibliography Cases Donoghue v Stevenson [1932] AC 562 Hedley Byrne Co Ltd v Heller Partners Ltd [1963] 2 All ER Home Office v Dorset Yacht Co Ltd [1970] AC 1004 Anns v Merton London Borough Council [1977] UKHL 4 Murphy v Brentwood District Council [1991] UKHL 2 Caparo Industries Plc v Dickman [1990] UKHL 2 Articles J.C. Smith, Peter Burns, Donoghue v. Stevenson: The Not so Golden Anniversary [1983], MLR 1 R.F.V. Heuston, Donoghue v Stevenson in Retrospect, [1957], MLR 20(1) Gavin Murphy, The snail and the ginger beer: the singular case of Donoghue v Stevenson [2011], CLB 37(1) Keith Patten, Snail trail, (New Law Journal, 11 May 2012) assessed 22 November 2016 Z0973311 Word count: 1391 Jessica Randell, Duty of Care Haunting Past, Uncertain Future (2014) North East Law Review 2 (2) Books Simon Deakin, Angus Johnston, Basil Markesinis, Markesinis and Deakins Tort Law (7th edn, Oxford University Press Higher Education Division 2012) Horsey K., Rackley E., Tort Law (3rd edn, Oxford University Press Higher Education Division 2013) [1] J. C. Smith and Peter Burns, Donoghue v. Stevenson-The Not So Golden Anniversary (1983) 46 (2) MLR 1 [2] R. F. V. Heuston, Donoghue v. Stevenson in Retrospect (1957) 20(1) MLR [3] Keith Patten, Snail trail, (New Law Journal, 11 May 2012) assessed 22 November 2016 [4] Hedley Byrne Co Ltd v Heller Partners Ltd [1963] 2 All ER [5] Home Office v Dorset Yacht Co Ltd Lord Reid [1970] AC 1004 [6] Anns v Merton London Borough Council [1977] UKHL 4 [7] Kirsty Horsey, Erika Rackley, Tort Law (3rd edn, Oxford University Press Higher Education Division 2013) [8] Murphy v Brentwood District Council [1991] UKHL 2 [9]Caparo Industries plc v Dickman [1990] UKHL 2 [10] Jessica Randell, Duty of Care Haunting Past, Uncertain Future (2014) North East Law Review 2 (2) [11] Simon Deakin, Angus Johnston and Basil Markensinis, Markesinis and Deakins Tort Law (7th edn, Oxford University Press Higher Education Division 2012) [12] Patten(n 3) [13] Heuston (n 2) [14] Gavin Murphy, The snail and the ginger beer: the singular case of Donoghue v Stevenson [2011], CLB 37(1)

Online Requisition Essay

Introduction In the world of business, Information system is such where data are collected, classified and put into process interpreting the result thereon in order to provide an integrated series of information for further communicating and analyzing. In a progressively more spirited worldwide atmosphere, Information System plays the role as enabler and facilitator, which endows with tactical values to the officialdom and considerable step up to the excellence of administration. An Information System is a particular type of work system that uses information technology to detain, put on the air, store, retrieve, manipulate or display information. Information system enables companies to react, respond, cater, store, retrieve, disseminate, and control their new valuable asset that is information. In the years to come, a good information system within a company will be no longer an option; it will become a compulsory in determining success. Upgrading the computer information system is not an option in this technology-driven era; it is a requirement. Companies that use an up-to-date information system to gather, assimilate, and evaluate internal as well as external information are gaining competitive advantage over other firms. Management is quicker to cater to customer’s needs and complaints. With the growth of communication networks, there are almost no barriers between the firm’s management, employees, customers and suppliers. Networked computing systems have made new modes of work possible. Conceptual Framework of the Study Products and information Xammp MySQL The customers will input their information and serarch for products Xammp is the software used in this study. MySQL is the database used in this study. Online requisition material for gilmore computer solutions cabanatuan campus INPUT PROCESS OUTPUT Figure 1.1 shows the customers will be able to search for products and services faster and easier. Figure 1.1 the Proposed Systemfor the Company Verification Statement of the Problem The proponents aim to present the general problem and specific problems 1. What are the advantages of the website in a business? 2. Does the website give accurate information about the company? 3. What are the possible problems that the website will encounter in the future in terms of: 4.1 record duplication 4.2 accessibility of the information 4.3 transaction Objective of the Study The reasons for this company to have a website are pretty obvious. Whether they sell products that appeal to a large audience or products that are hard to find, if those products can be delivered quickly to homes or other businesses, online availability is a great way to increase sales. These websites may either maintain their own shopping cart software or use a third party e-commerce service. If a business provides a service or products confined to a small, local market, they can advertise on the web very economically. At the same time, they can offer a great deal of helpful information about their company, products, services that might not be possible with more conventional types of advertising due to higher costs. Significance of the Study To the Customers: it will give the customers an idea where to buy computer parts and where to repair their computer. To the researchers: it will benefit us through applying what we have learned in this project. To the company: it will benefit the company in the way that the company will e introduced to other places, be more popular and it will ring them more customers. Scope and Delimitation The study focuses on the advantage of using Operational information system in a company. The study will be conducted in Gilmore Computer solutions, Cabanatuan City * Survey on the customers * Interviews on the employee and the manager Definition of Terms Information System – Information System is a combination of people, hardware, software, communication devices, network and data resources that processes (can be storing, retrieving, transforming information) data and information for a specific purpose. System – A system is a procedure, process, method or course of action designed to achieve a specific result. Data – Factual information, especially information organized for analysis or used to reason or make decisions. Officialdom – one who holds an office or position or an administrator, especially one who acts in a subordinate capacity for an institution such as a business. Retrieve – The act of bringing back a data. Disseminate – â€Å"scatter† or to â€Å"spread.† Its main usage is probably â€Å"to disseminate information.† Website – A set of interconnected webpage, usually including a homepage, generally located on the same server, and prepared and maintained as a collection of information by a person, group, or organization. Internet – a vast computer network linking smaller computer networks worldwide Workforce multiplier – make the work faster and more efficient. Shopping cart software – Typically, a shopping cart is the interface between a company’s web site and its deeper infrastructure, allowing consumers to select merchandise, review what they have selected; make necessary modifications or additions; and purchase the merchandise. Maintain – To keep the system working properly. Advertising – is the nonperson communication of information usually paid for and usually persuasive in nature about products, devices or ideas by identified sponsors through the various media. The Proposal Gilmore computer solutions Cabanatuan City offers different kinds of services on computers. The store also sells high quality computers and parts of computers. Making a website for the store will make it more popular in many different areas. A website where customers can look and order for the store’s available products that they need for their computer.

The Battle Over Essay Writing Service and How to Win It

The Battle Over Essay Writing Service and How to Win It The Key to Successful Essay Writing Service Today, there are a number of services online that provide essay writing help to people. Moreover, fantastic dissertation writing services always offer absolutely free plagiarism checks of the completed samples to make sure the content is unique. So, what you've got to do is to look for essay writing assistance from the top superior essay writing services that provide you fast writing services. Essay writing company like Papersmaster is a dependable area where you are able to easily make an application for skilled help when you want to compose your college papers. Your opinion has to be genuine and also exactly perfect. As a consequence, you will readily compile your own writing piece because of the competent guidance of the greatest authors. All thesis papers are formatted dependent on an appropriate research. The Utility of Using Best Essay Writing Services There are many explanations for why a student isn't able to create a suitable essay. Using Essay Writing Service Moreover, having got an expert support, you don't have to be concerned about the standard of your paper anymore. The ideal custom essay writing service companies always share their stories of succeeding with you with much pleasure, and answer any questions you may have regarding their expert services. So, whatever kind of custom essay writing services you require, we provide perfect solutions. So, you may rest assured your term paper service is going to be delivered by means of a pro. Customer service is very friendly! To make sure that paper is delivered in time, our Customer Support is always in contact with the customer. When the paper is completed, customer will get an email notification. Essay Writing Service for Dummies At the event you're wondering why you desire to employ company as opposed to write one yourself, there certainly are a lot of things simply a writing service are likely to learn the way to really do. If you're trying to find an academic writing service that may take care of all your assignment and project wants, you are, quite simply, at the appropriate location. By way of example, for example, where there's no ideal arrangement of outside the essay writing service person. When you go to college, you face numerous drastic changes in your daily life, and it normally takes quite a bit of mental effort to handle them properly. Creating essays is likewise a fundamental portion of the educational situation throughout the world. Thus, you get a coherent custom made essay within a brief time period! The more alert you're the better your work is going to be, so attempt to not work all evening and find some sleep. Our work is always top-notch, and it's always delivered to the greatest standard possible. If you're displeased with the standard of the essay, you're going to receive your money back. People today utilize custom essays to make sure they have a totally special paper they can use for their own education. It's a fact that a customized essay paper writing task needs huge understanding. Now you must start the procedure for writing your paper. You will receive the paper you need if you want it. Attempt not to procrastinate, the more time you must work on the paper the simpler it will be. Needless to say that a few folks are all set to do anything rather than writing an academical paper. You don't offer an opinion that's inaccurate and doesn't attempt to destroy the essence of the movie via your review. You will have the ability to form an opinion about that movie once you've seen it.

Benefits You Get From Only Regular Exercises Essay

Benefits You Get From Only Regular Exercises By Job Kiruki | Submitted On March 25, 2016 Recommend Article Article Comments Print Article Share this article on Facebook Share this article on Twitter Share this article on Google+ Share this article on Linkedin Share this article on StumbleUpon Share this article on Delicious Share this article on Digg Share this article on Reddit Share this article on Pinterest Physical activities such as walking, athletics and games, which may all be grouped as exercises, are important in maintenance of health at all ages for both males and females. Regular exercises are particularly useful for those normally involved in occupations that do not involve much movement like office assistants, administrators, accountants and lawyers among others. Many people are not aware of the benefits that can be drawn from regular exercises. For best results the amount and type of exercise done will depend on the age and even health of the individual. When the right amount and type of exercises are undertaken, all parts of the body work at their best. By carrying out exercises for a period of time, the muscles become firm in tone, strong and work at maximum efficiency. Fatigue and accompanying aching and soreness are postponed during exercise. The heart, whose role is to pump blood round the body, also works more, efficiently. For example, when an individual is resting, the heart pumps five liters of blood every minute. During exercise, it canShow MoreRelatedHealthy Aging917 Words   |  4 Pagesan active lifestyle is more important than ever. Regular exercise helps seniors maintain health, boost energy, and improve confidence. The good news is, no matter your age, your health, or your fitness level, you can benefit from moving more. Whether you are generally healthy or are managing an illness, there are big and small ways to get more active and boost your fitness level. 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