Case Law: Delict

• Donoghue v Stevenson (1932).


   Mrs Donoghue and her friend visited a café in Paisley where her friend bought her a ginger beer. After drinking the ginger beer Mrs Donoghue found a decomposed snail in the bottom and as a result, she became very ill and needed time off work. Mrs Donoghue was not able to sue the café owner as she did not make a contract with him her friend did so she sued the manufacturer of the ginger beer. It was held the manufacturer owed all consumers of their product a duty of care and was liable to pay Mrs Donoghue damages.
• Bourhill v Young (1943)

  Mrs B is pregnant and on a tram in Edinburgh. Accident between motorcycle and car…Mr Y dies and injury to others. Mrs B gets off tram to take a look at carnage (lots of blood) She then miscarries her baby, claims PTSD and sues the estate of Mr Y as he was speeding

  HELD

  No duty of care owed by Mr Y to Mrs B due to lack of foreseeability
• Hughes v Lord Advocate (1963)

  Manhole in Edinburgh – covered with bright tent and paraffin lamps. Child takes lamp down manhole and there is an explosion

  HELD

  There was a duty of care as the accident was foreseeable and reasonable precautions were not taken
• Trespassers entered a disused cinema and lit a fire. Fire spread to neighboring building.

  HELD

  There was no duty of care as trespassers actions (lighting fires) not foreseeable

  Smith v Littlewoods (1987)
• Kay’s Tutor v Ayr and Arran Health Board (1987)

  Child admitted to hospital with Meningitis and accidently given an overdose of penicillin. Child becomes deaf. Defendants argue deafness caused by meningitis not penicillin.

  HELD

  Causation was not penicillin
• Rouse v Squires (1973)

  Allen has an accident with his lorry on motorway -  Rouse stops his lorry and turns headlights on so that other drivers can see there has been an accident. Squires arrives at scene, does not realise there has been an accident (despite there being headlights focused on the accident specifically to warn others) and thinks it is slow moving traffic. He goes to overtake and kills Rouse.

  HELD

  Squires is responsible for the death of Rouse but what about the original driver Allen? Is he to be blameless? On further appeal, Allen was held partially (one quarter) responsible
• Bolton V Stone (1951)

  Mrs B in her garden near a cricket ground. Hit by a cricket ball which had cleared a 17ft fence which had been erected by the cricket club

  HELD

  Precautions were adequate as potential injury was low risk – all others suggested by the pursuer were not realistic