Full Description
This book traces the path of the doctrine of privity in negligence, from inception to its famous ousting in Donoghue v Stevenson in 1932.
It begins with the origins of negligence's privity rule in the Industrial Revolution, before considering pressure points for change in the early twentieth century, including rising consumerism and the array of issues faced by married women when suing on a contract. This book challenges the orthodox story that products-based claims in tort were a rarity in English law prior to Donoghue because of the privity bar. Viewed within this narrative, Mrs Donoghue's claim is a tipping point rather than a revolution.
Contents
Introduction
Chapter 1 - Privity in Negligence Law: The Orthodox Story
Chapter 2 - Winterbottom in the Courts: Consequences to Formalism
Chapter 3 - A Climate Supportive of Privity's Ousting
Chapter 4 - Product Liability in the Early Twentieth Century
Chapter 5 - 'Dangerous Things': an Alternative Path to Success
Conclusion - Donoghue v Stevenson in Legal History
