Law 12

View the video "The Paisley Snail."

Then complete the nine questions

 1.Why couldn't Mrs. Donoghue sue Mr. Minghella, the cafe owner, fore breach of
contract?

2. Why couldn't Mrs. Donoghue successfully sue owner for negligence?

3. The case of Dooghue v. Stevenson went through three levels of court. If she
had the same experience here today what would be the corresponding levels of
courts. Donoghue would have to go through to obtain a final decision?

4. Did any court ever determine whether there was a snail in the ginger beer?

5. Was the defendant, David Stevenson, negligent in the way he brewed and
bottled his ginger beer?

6. If Mrs. Donoghue's friend (the one who actually brought the ginger beer) has
sued the cafe owner for breach of contract, how much do you think she should
have recovered? Why?

7. How did Lord Atkin's decision change the concept of who our neighbours are so
far as the law is concerned?

8. What does the term in forma pauperis mean, and when was its legal significance
in the Donoghue v. Stevenson case? Do we have anything similar in Canadian
law? What assistance is available to people in our society who can't afford to
take a case through the courts?

9. What were (and are) the different functions of barristers and solicitors in Great
Britain? Compare these functions to those of Canadian lawyers.