Lesson Objective: To gain an understanding of how the common law works via judicial precedent

Lesson Objective: To gain an understanding of how the common law works via judicial precedent

Common Law • Began about 120 years after the Battle of Hastings • Is still being made: it is a continuing process • May be called case law or judge-made lawor court-made law • Some major laws are still part of the common law, because they have never been defined by Parliament

Negligence Three rules to be successful in an action for negligence, all derived from Donoghue v Stevenson (i.e. through the courts, not through Parliament): • The defendant must owe a duty of careto the claimant/plaintiff; • The defendant must bein breach of(break, fail to carry out) that duty of care; • The claimant must suffer damage

In Donoghue v Stevenson • What was the duty of care which Stevenson owed to Mrs Donoghue? • Not to contaminate the ginger beer with anything else • How was Stevenson in breach of duty? • By allowing the snail into the bottle • What damage did Mrs Donoghue suffer? • Gastroenteritis, stomach pains and nervous shock

Lesson Objective: To gain an understanding of how the common law works via judicial precedent