Law case to Joan Essay Example | Topics and Well Written Essays - 1500 words

Law case to Joan - Essay Example Proximity has evolved from the straightforward test that was applied in Donoghue v Stevenson6 and seems to be applied after the duty of care has been determined. In Spring v Guardian Assurance Plc7 the House of Lords seemed to emphasise the importance of the ‘fair, just and reasonable’ factor when making a decision on the imposition of liability. In this case the judge held that that an employer who provided a reference in respect of an employee to a prospective future employer owed a duty of care to the employee in respect of the preparation of the reference and was liable in damages for economic loss suffered as a result of the negligent preparation of the reference. In Donoghue and Stevenson8 the complainant went to a cafà © with a friend who bought her a tumbler with ice cream. The shopkeeper poured a quantity of ginger beer from a bottle over the ice cream. The complainant drank from the tumbler and when her friend topped up the drink from the bottle the remains of a decomposed snail floated out of the bottle. As a result of this the complainant became ill. As there was no contractual relationship between the complainant and the shopkeeper the House of Lords were asked to consider whether the manufacturer if the ginger beer owed a duty of care to the ultimate customer. This led to the formation of the neighbour test9 the general principle of which was that ‘you must not injure your neighbour’.