A principle developed by Lord Atkin in the famous Donoghue v Stevenson case [1932] AC 562 (HL Sc) (bottled snail) to determine when due diligence might occur. The principle states that reasonable precautions must be taken to avoid acts or omissions that can reasonably be presumed to cause harm to the neighbour. A neighbour has been identified as someone who was so closely and directly affected by the act that he must be considered when directing his mind to the acts or omissions in question. Some may say that there is no need or place for biblical principles in today`s world, but as this simple principle proves, mankind has decided for so long that it “shall not love its neighbor as itself” unless it suits us that the essence of feeling is enshrined in law. to force us to do what should be 2nd nature for any decent person. In fact, a lawyer in the United States argued that biblical principles had no place in the American judicial system – one might suspect that this would include the commandment to “bear no false witness.” I wonder what lawyers around the world think of such an embarrassing statement. In doing so, they stated that, despite the written assurance, the exclusion of liability was fair and that the plaintiff could not accept a response given to him by a provision, only to reject the clause if it was appropriate, because if no damage had occurred, there would have been no problem with the provision made by the advertising agency. Within the accepted principles, the language used by Lord Morris was found appropriate to exclude liability for negligence despite the application of the duty of care. So how does this resonate with “charity”? When Jesus says that we should love our neighbor as ourselves, is it foreseeable that His words are broader than simply having a “warm and fuzzy feeling” toward our neighbors and doing more than letting them lend them a bag of sugar or butter? In context, we need to see people as he did, and maybe even more: he saw people as living souls – and cared about people`s physical, emotional, and spiritual elements. We should do the same theologically and not act carelessly towards our neighbor, not only in the legalistic sense but also in the ethical sense.
Search: `neighbour` in Oxford Reference » The neighbour principle is a principle of English law which states that a person must take reasonable precautions to avoid acts or omissions which he can reasonably foresee cause harm to the neighbour. Neighbours are all persons who are so closely and directly affected by the act that the actor should reasonably think of them when participating in the act or omission in question. The standard was set by Lord Atkins in the famous English case of Donoghue v. Stevenson. The principle of neighbor is based on the Christian principle of “charity.” As Donoghue was considered “poor” and therefore not responsible for the accused`s legal fees, she was able to take her case to the House of Lords. At this point, the majority of Lords ruled in favour of Donoghue, Lord Atkins (1932) eloquently drawing on the parable of the Good Samaritan, stating: “You must exercise due diligence to avoid acts or omissions which you can reasonably foresee might harm your fellow man. Who is my neighbour in the law? The answer seems to be people who are so closely and directly affected by my action that I should reasonably consider them so affected when I direct my mind to the acts or omissions that are being questioned – Atkins felt that, given the nature of the product being manufactured, and that Stevenson ultimately knew, that people would consume his product and therefore have had to care more about what is in it. On that basis, Ms. Donoghue succeeded. This is where the modern law of negligence took shape.
It has been developed by other legal cases ……… As a Christian and also an expert in health and safety, it was inevitable that at some point we would talk about the “neighbourhood principle”. There is one legal principle at work in today`s industry that has more implications than any other when it comes to implementing health and safety systems, and that is the “duty of care” we owe to our neighbour. This week, you will examine the role of judges in the legal system. The primary role of judges in a dispute between the parties is to act as an impartial decision-maker. They are considered a “struggle for justice”. They do this by evaluating evidence, conducting court proceedings and interpreting the law to make decisions based on the application of the law to the facts. They play a leading role in all of this. Scottish judges have had a significant impact both inside and outside the Scottish legal system.
Some have also become politicians and activists. Here you consider the use and nature of legal reasoning by judges in decision-making. After that, you will look at the impact of a number of people who have held judicial positions. Yet over the past hundred years, we have gone from the “spirit of the law” of honoring our neighbor as a daily act in life to legislating the principle of “love thy neighbor” just to ensure that others are hurt by neglect. In August 1928, a Donoghue woman in Paisley, Scotland, walked into a café© with a friend and ordered a sip of ginger beer. So the story goes that Mrs. Donoghue drank part of the drink, after which it turned out that a rotten snail had been noticed in the bottle. This led to a landmark court case. Ms.
Donoghue complained and stated that she suffered severe shock and gastroenteritis as a result of the incident. Case law has continued to teach us the nature of damage caused by negligence and duty of care, we now see negligence in the following light: “You have excellent service and I will certainly spread the word.” It is this wonderful and selfless principle that has survived the centuries and humiliated all kinds of men, women and children since they first heard it. “Love your neighbor as yourself” is an enduring commandment that, despite more than two millennia of theology, philosophy, law, ethics and secularization, people have not been able to keep for two reasons. (1) It is not considered profitable and (2) it requires more effort than most people are willing to invest. Therefore, we should try to reflect this attitude in the way we act and achieve. Until next time, neighbor, be blessed. To view or add a comment, sign in To view or add a comment, sign in The first thing to determine was whether David Stevenson, the owner of the family beverage maker that made the drink, owed a duty of care to Ms. Donoghue. At the time, the Scottish Court of Appeal initially concluded that there had been no fraudulent misrepresentation on the part of the manufacturer and that no obligation had been due or breached because ginger beer was not a “dangerous product”. So who is our neighbor in Christ and who is our neighbor in the law? More than 2,000 years ago, Jesus Christ of Nazareth, whether you believe God or not, or the Son of God or not, dealt with one of the teachers of the Law [mosaic].
“When he noticed that Jesus had given them a correct answer, he asked him, `Which of all the commandments is more important?` Jesus replied, “The Lord our God, the Lord is one. Love the Lord your God, with all your heart, with all your soul, with all your mind and with all your strength. The second is, “Love your neighbor as yourself.” There is no greater commandment than this. “Well said, professor,” replied the man.