Donoghue v Stevenson
1932 · AC 562
Posted By lanbuk.com
- Facts
- The case is used here only for the overlap. A manufacturer's can injure a person who is not a party to any contract of sale.
- Issue
- Can the same facts give rise to contract and ?
- Held
- It is cited for liability in tort to a person with whom there is no contract. Where the injured person is the other contracting party, both claims can lie.
- Principle
- Contract and tort can overlap. The basis of liability differs even when the facts are the same.
- Why it matters
- It stops students treating the two subjects as sealed off from each other.
Also on Lanbuk
- The judgment: Donoghue v Stevenson [1932] UKHL 100 (26 May 1932)
- Donoghue v Stevenson in Lanbuk on the Law of Torts
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.