Question

In Chapel v Hart, Mrs Hart

Select one.

O a. Succeeded in a negligence action for poorly performed surgery

O b Succeeded in a negligence action based on the failure of the doctor to warn her of

potential complications

O c Succeeded in a negligence action based on the lack of appropriate care following

the surgery

O d. Failed to demonstrate that the doctor's breach of duty caused her injuries

In the case of Donoghue v Stevenson [1932] AC 562, why did Donoghue sue Stevenson in

negligence and not contract?

Select one:

?

a. As it was donoghue's friend who bought the ginger beer, and Stevenson was not

the retailer. there was no contract between Donoghue and Stevenson

O b. The contract between Stevenson and Donoghue expressly excluded liability for

contaminated ginger beer.

O c. The law of contract cannot be used to recover compensation for personal injury

O d. The contract was between Donoghue and the retailer of the ginger beer. Stevenson

was the manufacturer of the beer.

Answer 1

1.

Correct Action:

B

In this case, the court held the decision that it was the responsibility of the surgeon to explain all potential complications of the procedure to the patient. Not doing so, is the case of negligence and surgeon is liable for this. It caused success in the case of negligent action.

2.

Correct Answer:

A.

Since the ginger beer was bought by her friend, then there was no contract between Donoghue and the retailer. But, beer was manufactured by Stevenson, so there was a duty of care from the end of Stevenson towards the consumers of beer and Donoghue was the consumer in this case. So, presence of snail in the beer, reflect the breach of the duty of care from Stevenson and he is sued by Donoghue for doing negligence and breach of duty of care.