Case Analysis : Home Office V Dorset Yacht

1535 Words Jul 31st, 2014 7 Pages
In Home Office v Dorset Yacht

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In Home Office v Dorset Yacht

The case, Donoghue v Stevenson is the landmark case in the specific tort of negligence. Ms. Donoghue, the claimant, consumed ginger beer, which had a decomposed snail. The snail was invisible as the bottle was opaque. Neither the shopkeeper nor the friend who purchased the beer, nor Ms. Donoghue was aware of the snail’s presence. Under the consumer protection legislation, she could not sue either party hence sued Stevenson the manufacturer. The House of Lords consented to the claim and held that everyone owes a duty of care to their neighbors. The question presented before the House of Lords was whether the facts of the case constituted a cause for action for negligence (Borgo, 1979, pg. 419).

Negligence pertains an act of carelessness. The elements of negligence encompass a legal duty of care towards the plaintiff and to exercise care in such a manner of the defendant as falls within the area of the duty, breach of that duty where the plaintiff suffers a loss and consequential damages to the plaintiff. Under the law of tort, one needs not present evidence regarding the tortious act. If the Acts speak for themselves, the judge will determine the facts and make the specific rulings.

In the United Kingdom, the case Home Office v Dorset Yacht Co Ltd forms the basis of the law of tort. It was a decision by the House of Lords on negligence and marked the start of an expansion on the scope of…

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