One of the most famous cases in legal history is all due to a snails somewhat unfortunate ( slow ) journey through life leading him to a bottle of ginger beer in a wee scottish town.
In 1932 , two friends popped out for a quick drink in a local cafe. Mrs Donoghue was bought a ginger beer by her generous friend. As she enjoyed the first poured glass of ginger beer from the bottle of beer pondering life and its meaning, her friend poured the rest of the bottle. Now this is where you put the article down if you are eating..... out popped from that bottle our friendly snail ( slightly decomposed ) who had met his end whilst trying to enjoy that exact same drink.
Now this was quite shock to Mrs D, and her day went from bad to worse when she unsurisingly got gastric-enteritis. Now back in the days where this happens there was no recourse legally unless you had a contract. But little did she know Mrs D was about to change the law significantly.
The court found that while she had no contract, that she could bring a claim in negligence , even though she was not involved in the contract between the cafe owner and manafacturer.
The judges found that while Mrs D had an obligation to inspect the goods, she couldnt because it was served in a dark bottle, and she had no way of knowing our friend the snail had perished in such tragic circumstances.
It’s bought about the neighbourhood principle and the tort of negligence.Because now even if you don’t have a contract any damages you cause someone due to your negligence you are liable for. This principle while refined in essence still stands today
This case bought to my life the nightmare that is tort law. If you look carefully you will find many ginger beer products these days make nods to the case in their names and this will almost certainly trigger an anxiety attack in most law students.
So here’s to the snail that sacrificed himself so we could shout “no blame no claim” ! Some heroes wear shells it seems.
If you want to read more just google Donoghue v Stevenson 1932