BARR since 1875, Classic Ginger Beer, Low Sugar & Non-Alcoholic Fizzy Drink "Fizzing with Fun" - 24 x 330ml Cans

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It is a proposition which I venture to say no one in Scotland or England who was not a lawyer would for one moment doubt. It will be an advantage to make it clear that the law in this matter, as in most others, is in accordance with sound common sense. I think that this appeal should be allowed. [10] :57 But to this day, no-one knows for sure if there ever really was a snail in May Donoghue's bottle of ginger beer. Hay, David; Doherty, Michael; Taylor, Martin. The Paisley Snail (DVD). Law Courts Education Society of British Columbia. OCLC 629791335.

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Indeed, a lot of the suspicion around aspartame – as with many controversial chemicals these days – stems from ethically and scientifically questionable collusion between government regulators and powerful business interests. Lord Atkin's neighbour principle, that people must take reasonable care not to injure others who could foreseeably be affected by their action or inaction, was supported by reference to the biblical Great Commandment (to love one’s neighbour as oneself) and the Parable of the Good Samaritan (defining who that “neighbour” was). [26] :212–213 It begins on an unremarkable Sunday evening on 26th August 1928. May Donoghue, a shop assistant, met a friend at the Wellmeadow cafe in Paisley, near Glasgow.Home Office was the culmination of a movement from duties of care being found in specific circumstances to using the neighbour principle as a general duty of care. [38] :150 In Home Office, the Home Office had in 1962 taken a group of boys from a borstal to Brownsea Island in Poole Harbour, where seven had escaped overnight and collided one yacht with another belonging to Dorset Yacht Company. [37] :1025 The company sued the Home Office for negligence and a preliminary issue, whether the Home Office owed a duty of care to Dorset Yacht Company, was found in the company's favour by both the High Court and the Court of Appeal. The case was appealed to the House of Lords, who held by a majority that the Home Office did owe a duty of care. [5] :129–130 a b c d e Donoghue v Stevenson Appeal Papers: The Appendix (Opinions). Chapman, Watson & Co . Retrieved 15 September 2012.

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However, neither of the circumstances in which negligence could be found in product liability cases applied to Donoghue: ginger beer is not intrinsically dangerous, nor did Stevenson intentionally misrepresent the threat it posed. Nevertheless, Donoghue's counsel argued that manufacturers also owed a duty of care to their ultimate consumers if it was not possible to examine the goods before they were used, an exception that would apply to Donoghue. [7] Judgment [ edit ] Court of Session, Outer House [ edit ] Parliament House in Edinburgh, where the Court of Session sitsStevenson's counsel, Wilfrid Normand KC ( Solicitor General for Scotland and later a Law Lord) and James Clyde (later the Lord President of the Court of Session and a Privy Counsellor), responded that "it is now firmly established both in English and Scottish law that in the ordinary case (which this is) the supplier or manufacturer of an article is under no duty to anyone with whom he is not in contractual relation". [16] :7 They denied that ginger beer was intrinsically dangerous or that Stevenson knew that the product was dangerous (the two established exceptions for finding a duty of care) [16] :7–8 and argued that the third exception that Donoghue was attempting to introduce had no basis in precedent. [5] :37–38 [16] :8–11 Hayes didn’t last long in the position and was forced out in 1983 after he was actually accused of accepting gifts in exchange for political favours. He left, but not before approving the use of aspartame in drinks.