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Mar 30, 2009

Donoghue v. Stevenson 1932Ac 562 a manufacturer was held liable to the ultimate consumer at common law on the principle of duty to care. Lord Atkin said "you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. He asked : "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". The test of breach of common law duty is again the test of a reasonable or prudent person in the particular fact situation, of course the amount of care, skill, diligence or the like, varying according to the circumstances of the particular case. The standard of foresight is again that of a reasonable person.

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