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Question 1
The 1932 Donoghue v Stevenson case was by far the most famous case in the British Common Law history. The ratio decidendi of this case laid the foundations of the Neighbour principle.
Ratio decidendi, also known as rationale for a decision, refers to the principle of law that was melted out together with the Judge’s reasons for applying the said principle of law, behind the decision of the case. This principle will be a binding precedent for future similar cases. In this case; the ratio decidendi was that a person, legal or artificial owes a duty of care to those who he can reasonably foresee will be affected by his actions.
Obiter dicta refers to opinions or remarks made by the Judge that has no direct connection to the case that he is currently handling but has a persuasive value. In this case, the obiter dicta was the Neighbour Principle which states that a manufacturer of consumer goods owes a duty of care in tort to the consumer of the goods, who is not in a position to inspect the goods.
Mrs. Donoghue and her friend went to Wellmeadow Café in the Scotland’s Wellmeadow Place, Paisley and Mrs. Donoghue's friend ordered and paid for a pear and ice and a ginger beer ice cream drink. The owner of the café, Francis Minchella, served them. Mrs. Donoghue drank part of the ginger beer before finding the remains of a dead snail in the opaque ginger beer bottle. Mrs. Donoghue felt ill by the site of the dead snail and had complained of stomach pains, her doctor also diagnosed her with gastroenteritis. Later, Mrs. Donoghue sought action against the manufacturer, David Stevenson, for £500 as damages for the injuries (nervous shock and gastroenteritis) she claims to have sustained as a result of the incident. Based on contractual obligations, Mrs. Donoghue had no direct or indirect claim against the manufacturer as she did not purchase the product. Mrs. Donoghue won the case and was compensated with £500.
A civil case refers to cases dealing with...