On August 26, 1928, Mrs. May Donoghue, a shop assistant of very small means and a single parent, traveled from her brother’s house in Glasgow, Scotland to the small settlement of Paisley, nearby, to enjoy drinks with a friend. Mrs. Donoghue and her friend met at a shop bearing the sign ‘Real Italian Ice Cream Saloon’, (the so-called ‘Well meadow Café’), owned and operated by Francis Minghella, and located at Well meadow Street, Paisley. It is said that at in the region of 8:50 p.m., Mrs. Donoghue’s friend ordered and paid for their refreshments; ice cream and ginger beer for Mrs. Donoghue, and a ‘pear and ice’ for herself. Apparently the ‘float’ was served unassembled; that is, the ice cream was served in a glass and the ginger …show more content…
Donoghue had a tricky legal problem. She could not effectively sue the café owner, Mr. Minghella (although she in fact tried to), either in contract or in tort. In the first instance, she had no agreement with Mr. Minghella, under which he could be said to have assured the ginger beer fit for consumption, Mrs. Donoghue’s mysterious friend having ordered and paid for the refreshments. Minghella poured the first ginger beer. But this is not relevant to the outcome in any way. In the second instance, she could not claim negligence on the part of Minghella because clearly he had neither don nor failed to do anything that could be construed as neglectful. The bottle of ginger beer came to him sealed with the clear intent that it remains that way until sold to the customer. Moreover, the obscurity of the bottle prevented Mr. Minghella from inspecting the contents for contaminants prior to the delivery to the customer. Mrs. Donoghue’s only probable recourse was to tackle the one player remaining on the field, David Stevenson, manufacturer of the ginger beer. Unluckily for Mrs. Donoghue, in 1928 neither the Scottish civil law nor the English common law as they were applied to the tort of negligence had yet progressed to the point of establishing and stating as a matter of general principle, that geographically, a duty of care would be owed by one person remote from another not to cause harm to that other person. Judges relied on model, and the absence of a general …show more content…
It is important to remember that the debated and the subsequent decision of Lord Moncrieff in favour of Mrs. Donoghue were on the point of law: “Was there a duty of care owed, Stevenson to Donoghue?” This narrow question was set withing the framework of the larger objection that the claim contained in Mrs. Donoghue’s writ disclosed no cause of action. Lord Moncrieff dismissed Mr. Stevenson’s motion. Had Mr. Stevenson chosen not to appeal Lord Moncrieff’s ruling, but instead to take his chances on a trial of the issues of fact, Donoghue v. Stevenson might have remained an unclear Scottish case, perhaps useful only to demonstrate that it is difficult for a plaintiff to prove she found a snail in her ginger beer if she cannot produce the snail at trial. At this stage, it appears that Mr. Stevenson went against the advice of his lawyers and instructed them to appeal the decision of the Lord Ordinary, rather that proceed to a trial on the issues of fact. Predictably, the Second Division ruled in favour of Mr. Stevenson,. Having lost in the Second Division, Mrs.
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“In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence”(Burt, M.A., & Skarin, G.D. (2011). In consideration of this, the defendant argues that the second foundation of this principle should be solely based on common knowledge of the situation. Although, there is a experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
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Donoghue v Stevenson  AC 562 (House of Lords) is a seminal case to set out the general principles of duty of care. It isalso called neighbour test or neighbour principle. In Donoghue V Stevenson the house of Lords deemed it necessary to overcome the problems generated by the privity of the contract in order to provide an alternative route of claim for an injured party. It was Mrs Donoghue’s friend that purchased the ginger beer that ultimately caused her injury and therefore only her friend that had a right to sue under the contract. The house of Lords solved this problem by imposing liability in negligence on the owner of the café, specifying that such would be possible where a duty of care could be found to lie between the owner ( the tortfeasors) and the victim Mrs. Donoghue. Lord Atkin outlined he parameters of the duty of care in this field in the following often quoted terms:
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The strange atmosphere was so thick at the Jane that one would need a butcher knife to cut through it Tonight was Halloween. It was eerily quiet....except for the glib talk of the small crowd of bohemian patrons. They casually talked about the holiday All Hallowed Eve. Auntie Carol mentioned she believed in reincarnation. That she was in a past life a Titanic victiim. That notion she confided in her friend made her think of herself as wanting to always come up for air
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The role of an effective leader can hold several different positions. A leader should take in account the followers and value their opinions and work together to reach a specific goal. A group of people working together becomes a team and teamwork is a valuable asset to any organization. This paper will discuss the importance of teamwork and how management plays a role in the development of a good team. This paper will address the effectiveness of a management team, as well as the effectiveness of a manager over a team.