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The Snail and the Ginger Beer

Chapman, Matthew

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ISBN 10: 0854900497 / ISBN 13: 9780854900497
Published by Wildy, Simmonds and Hill Publishing
New Condition: New Hardcover
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2009. Hardcover. Tells the story of the remarkable case of Donoghue v Stevenson which represents, perhaps, the greatest contribution made by English and Scottish lawyers to the development of the common law. This title provides biographical sketches of the protagonists and of the great lawyers who were involved in the case. Num Pages: 189 pages, Illustrations. BIC Classification: 1DBKS; 3JJG; LAZ; LNV. Category: (G) General (US: Trade); (P) Professional & Vocational. Dimension: 242 x 169 x 22. Weight in Grams: 498. . . . . . Books ship from the US and Ireland. Bookseller Inventory # V9780854900497

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Bibliographic Details

Title: The Snail and the Ginger Beer

Publisher: Wildy, Simmonds and Hill Publishing

Binding: Hardcover

Book Condition:New

About this title

Synopsis:

On an August evening in 1928 May Donoghue, a shop assistant, entered a cafe in Paisley. The circumstances of her visit made legal history. A ginger beer was ordered for Mrs Donoghue who famously complained that, to her surprise and shock, a decomposed snail had tumbled from the bottle into her glass. Mrs Donoghue sued for the nervous shock she claimed to have suffered as a result. The question whether she had a case in law against the manufacturer of the ginger beer was argued as far as the House of Lords. It is hard to overstate the importance of the decision in Donoghue v Stevenson. It represents, perhaps, the greatest contribution made by English and Scottish lawyers to the development of the common law. Donoghue v Stevenson made it clear that, even without a contract between the parties, a duty of care is owed by 'A' to take reasonable care to avoid acts or omissions which could reasonably be foreseen as likely to cause injury to his neighbour: 'B'. This concept, developed by the great jurist Lord Atkin, has become known by the universal shorthand, 'the neighbour principle'. Who, Lord Atkin asked rhetorically, is 'in law' my neighbour? Donoghue v Stevenson provides the answer. The Snail and the Ginger Beer tells the full story of this remarkable case. It provides vivid biographical sketches of the protagonists and of the great lawyers who were involved in the case. It sets Donoghue v Stevenson in its historical context and re-evaluates the evidence. The roots of the neighbour principle are excavated in the parable of the Good Samaritan and the case law of the United States. The constitutional importance of the case is also dealt with; the blow it struck for a moral approach to the law which departed from a rigid doctrine of precedent. Finally, the book investigates the influence of Donoghue v Stevenson across the common law world: from the USA to the countries of what is now the Commonwealth.

About the Author:

Matthew Chapman lives and works as a barrister in London. His principal areas of practice comprise personal injury and claims with a private international law element. He is the author of Fraudulent Claims: Deceit, Insurance and Practice (2007) and The Fast Track and Personal Injury Claims (1999), and has contributed numerous articles to a range of journals and periodicals.

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