The negligence was recognized in the famous case Donoghue v Stevenson1. [Peter De Cruz, Comparative law]a
It is illustrious case law on tort of negligence; this case is also called as "the snail in the bottle case". Though this case originates from Scots the House of Lords declares that the principle applied in this case apply to the world in common law jurisdiction. This case is fountainhead of the tortious principles say duty to care, breach of duty and causation of loss which are to be established for claiming liability of negligence.
In this case the Session court rejected the appeal of the plaintiff on two grounds a) there is no privity of contract between the plaintiff and the manufacturer defendant; b) the product was not a dangerous product and there is no fraudulent misrepresentation from the defendant. It was appealed to the House of Lords by the plaintiff, arguing on the principle of privity of contract. The plaintiff counsel arguing for the removal of the protection provided for the manufacturers under the privity of contract under common law. The defendant side argued on wisdom of the Scottish judges in the mouse case, to prevail.
Lord Atkin applies the 'Neighbourhood Principle', which says that a person will owe a duty of care not to injure a person or persons that can be foreseen reasonably which would be affected by the acts or omissions, in case where an established duty of care does not exist. The object of this principle is to provide the remedy against the suppliers of consumer products for tort, where there is no privity of contract. Lords MacMillan and Thankerton supported the opinion. Lords Tomlin and Buckmaster opposed this opining that it would be difficult to carry on the trade it becomes the law since they say that the principle of wide proposition.
Remedies in Common Law
The basic remedy that the common law provides is the damages. Damages such as liquidated damages, which is a predetermined or estimated value for breach of a contract; Compensatory damages, these damages awarded by the courts where any loss is caused due to a breach of contract or due to an action of a person, it is awarded to put the aggrieved party in the same position had there been no breach of contract or such action; Non Compensatory damages, the courts in certain cases awards non compensatory damages, when it do not aim to compensate the plaintiff, such damages are exemplary, contemptuous and nominal. [Benjamin Andoh and Stephen Marsh]d
The remedies in Common law such as damages suffer with certain limitations. The common law puts some limitations and the entitlement of the plaintiff over the damages such as remoteness of damage, causation, duty to litigate, contributory negligence and impecuniosities. [Benjamin Andoh and Stephen Marsh]e
Remoteness of damage: Damages will not be avoided where the loss is too remote (Re Polemis and Furness Withy & Co. Ltd.) and which is not foreseeable (Overseas Tankship (U.K.) Ltd. v Morts Dock