Donoghue v Stevenson: Passage in Malaysian Law  

Donoghue v Stevenson: Passage in Malaysian Law

ISBN 983-3519-19-4

Author: N/A

Binding: N/A

Publication Price: MYR 180.00

The law is stated as of September 10, 2009

The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question - Who is my neighbour - receives a restricted reply. You must take reasonable 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 them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question: Lord Atkin in Donoghue v Stevenson [1932] AC 562, 580 (HL).

Donoghue (or M'Alister) v Stevenson ([1932] A.C. 562, 1932 S.C. (H.L.) 31, [1932] All ER Rep 1) can be said to be the most famous tort case in legal history. The decision of the House of Lords founded the modern tort of negligence across the world in common law jurisdictions.

Donoghue v Stevenson removed the obstacle of privity of contract placed before a plaintiff to found a claim in tort. The duty in tort could now arise independent of a contract between the parties. With the decision of the majority of the House of Lords in Donoghue v Stevenson, the existence of a separate tort of negligence had been acknowledged by the courts.

Donoghue v Stevenson: Passage in Malaysian Law provides the major judicial pronouncements where the principles established in Donoghue v Stevenson are examined and considered. The cases reflect the approach of Malaysian Courts in determining the duty of care that may arise in various fact situations.

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