Daily Archives: May 16, 2014

Hong Kong’s Donoghue v Stevenson?

Stock photo: Hans Mahncke

Stock photo: Hans Mahncke

According to the Standard there are yet more problems with worm-like creatures in Heinz cans of beans:

“A Wan Chai resident has found what appears to be worms or larvae in a tin of Heinz Baked Beans he bought at an upmarket grocery chain – the second such case in about a week.”

This reminds of the of Donoghue v Stevenson case that changed the world of tort and is also a fantastic case for learning about how the common law works. In that case, Mrs Donoghue had found a snail in a bottle of ginger beer but was not able to get any compensation as she had not bought the bottle and, thus, had no contract to base a claim on. Eventually, her case ended up in the House of Lords, where Lord Aitken developed the ‘neighbour principle’ which placed a duty of care on ‘legal neighbours’, greatly expanding the situations in which one could sue for negligence in tort.

Here is a great video on the Donoghue v Stevenson case: http://www.justiceeducation.ca/resources/Paisley-Snail