英国侵权法判例选.docVIP

? LAW OF DELICT - NOTES OF CASES ? ???? 1.?? Donoghue v Stevenson 1932 SC (HL) 31 ????????? Mrs Donoghue found a decomposed snail in a bottle of ginger beer which had been bought for her by a friend. She sued the manufacturer of the ginger beer in delict and he argued that he owed her no duty of care. ????????? Held: A manufacturer owes a duty of care to the ultimate consumer of his product. Lord Atkin said: “You must take care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then, in law, is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have had them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.” ? ???? 2.?? Muir v Glasgow Corporation 1943 SC (HL) 3 ????????? It was held that the manageress of a tea room owed a general duty of care to those ???????? entering the premises, but no duty of care to take precautions against them being injured ???????? as a result of her giving permission for a Sunday School picnic to be held in the tea room. ???????? There was no reason for her to anticipate that giving permission would result in children ???????? being scalded by boiling water. ? ???? 3.?? Hughes v Lord Advocate 1963 SLT 150 (HL) ????????? Two young children were injured when they dropped a paraffin lamp into an open ???????? manhole. Both open manhole and lamp had been left unattended by the defenders. It was ???????? held that, although the explosion was unforeseeable,? it was foreseeable that children ???????? would be injured if an open manhole and a burning lamp were left unattended. There was ???????? sufficient foreseeability to establish a duty of care. ? ???? 4.?? Bourhill v Young 1942 SC (HL) 78 ????????? Young was killed as a result of a collision caused by his careless driving. It was held that, ???????? although he certainly owe