On the 26 August 1928, May Donoghue and a friend were at acafé in Glasgow (Scotland). Donoghue's companion ordered and paid for her drink.
Ohh, thank you!
I bought a Ginger Beer for you.
The cafe purchased the product from a distributor that purchased it from Stevenson. The ginger beer came in a dark bottle, and the contents inside were not visible from the outside.
But there was a snail's remain inside the bottle.
Donoghue got sick and was sent to the hospital.
I'm gonna sue them.
Since Donoghue did not buy the drink herself, there is no contractual relationship between her and the store, so there is no reason to Sue if she wants to rely on the consumption contract. So she sued the store for negligence.
What can I do?
In the court, Lord Atkin present "Neighbour Principle". This made this case became a milestone in tort at common law.
My Lord,.......you must to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who 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.
As a result, the manufactures owe the final customer of their product a duty of care. There need not be a contractual relationship, or privity, in order for the final consumer to sue in negligence.