“Generations of law students have started their study of negligence with the tale of Mrs Donoghue and the snail in her bottle of ginger beer. In Donoghue v Stevenson, Lord Atkin placed the duty of care at the foundation of analysis of liability for negligence. One began by asking whether a duty of care was owed to the pursuer and proceeded to consider whether that duty had been breached before examining questions of causation, remoteness, defences and damages …”
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John MacLeod, Harm Is Where One Starts From: Khan v Meadows and Manchester Building Society v Grant Thornton LLP, Edinburgh Law Review volume 26, issue 1, January 2022.
First posted 2022-01-27 10:00:44
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