The Paisley Snail

On the evening of 26 August 1928, Mrs. May Donoghue was dining out at the Wellmeadow Caf in Paisley Renfrewshire Scotland. Mrs. Donoghue's friend ordered a Scotsman ice cream float for May. The owner of the caf brought the glass of ice cream and poured most of the bottle of ginger beer creating the float. After a while, Donoghue's friend poured the remaining ginger beer into the glass and a decomposed snail came out as well.

Mrs. Donoghue claimed that as a result of the incident, she became ill and required emergency treatment on the 16^th of September.She was eventually diagnosed with severe gastroenteritis and shock.

Mrs. Donoghue sued the manufacturer that was listed on the bottle of ginger beer, David Stevenson.In her suit she claimed that:

1. Stevenson had a duty of care to Donoghue to ensure snails did not get into his bottles of ginger beer

2. he had breached this duty by failing to provide a system to clean the bottles

3. he knew that cleaning was important as the ginger beer would be consumed by people

4. he had left bottles in a location "to which it was obvious that snails had freedom of access"

5. the breach of duty resulted in Donoghue's illness (Taylor)

(1) Based on the paragraph arrange the case exactly like this format based on book. no copy-paste.(book name:Legal Fundamentals for Canadian Business 4th Ed)

• Date:
• Plaintiff/Appellant:
• Defendant/Respondent:
• Facts: what happened.
• Issues: The plaintiff is suing for negligence and duty of care saying that the defendant breach the contract because of misinterpretation
• Plaintiff arguments: xx regarding chapter xx of the contractd signed ... date
• Defence Arguments : There was sufficient time to sign the contractd without duress and both parties representd where brief by their lawyers numeous occasion.. and there we believe our client was not negligent but more nave and that the case will be discharged
• Court decision favor off: negligent misrepresentation
• Reasons: did not included all risks involved of the contract
• Damages: voidable contract and the defendant has to pay in compensation xxx money and punitive damages for the plaintiff stress of additional 20.ooo dollars

(2) answer the question in short paragraph

Should Donoghue be successful in suing Stevenson? Why or why not?

In answering, consider all necessary elements of negligence.