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Negligence in law.
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| Submitted: Wed Mar 31 2004
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Umair R. Vadria "The categories of Negligence are never closed." Lord Macmillan [Donoghue v. Stevenson] Negligence as defined by Winfield is the breach of a legal duty to take care that results in damage, undesired by the defendant, to the plaintiff. Before Donoghue v. Stevenson, the Tort of Negligence even though existing, was not ever in recognition as a complete tort in itself. Earlier decisions of the courts in cases very similar to Donoghue v. Stevenson show that the courts were very reluctant to impose liability. These cases were: Muller v. Bar of Co (1929) M'Govan v. Bar of Co (1929) Both these cases related to a mouse being found in a bottle of ginger beer. The courts could not find fault to associate the accident with the manufacturers. It was said that even if fault were proved, would the English law allow such a claim. Lord Macmillan held in D&S that a manufacturer does...
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