Business law Assignment Example | Topics and Well Written Essays - 2000 words - 6

Business law - Assignment Example (Harpwood, 2009). However, in the case if Donoghue v Stevenson the court established significant principles to guide in the determination of the duty of care person owed another and the range of duty of care a person can owe another. In a contractual relationship, one party owes the other a duty of care whose breach can result to legal consequences on the party in breach (Harpwood, 2009). However, in tortuous liability a person can be guilt of negligence for the person or persons are not contract parties if only there is evidence that the person in breach owed the other duty of care and they breached that duty which consequently caused the person they owned duty of care recoverable damages or loss (Steele, 2014). When determining whether the duty of care existed between the parties or whether it did not exist depends on type of claimant, type defendant, the nature of damage caused to the claimant and the nature of conduct of the defendant (Harpwood, 2009, P. 229). In Donoghue v Stevenson [1932] UKHL 100, the plaintiff had been bought a bottle of ginger-beer by her friend from a retailer. As she was about to clear the content of the beer, she discovered a decomposing snail in the bottle. The sight of the decomposing snail was nauseating so that it caused the appellant to suffer from shock and severe gastro-enteritis. The bottle was opaque such that neither the trader nor the customer could realize the content in the bottle unless by emptying the content of the bottle. She was unable to sue the seller either under breach of contract or for negligence, but she could sue the manufacturer of the ginger-beer. The manufacturer had a duty to ensure the goods sold to the consumers are of the right quality and provide efficient system that would detect any fault in the products. When issuing the verdict the court developed the â€Å"neighbor principle† whereby the defendant will be held responsible