DONOGHUE V STEVENSON IS so well known that its facts and judgment need little further rehearsal or rendition. Indeed, the case and its aftermath are some of the most documented in the long common law tradition. Many treat Donoghue as if it were the greatest of all “great cases.” That being said, a vibrant debate about the precise meaning and ambit of its legacy still continues, especially regarding the putative leading judgment of Lord Atkin and its influence on the development of the common law of tort. Indeed, part of Donoghue’s greatness is considered to be its almost Delphic sweep and interpretive elusiveness; its importance is matched by and reinforced by its indistinctness. However, there is a tendency to approach the case as if its origin and later pre-eminence were somehow preordained—that it was always destined to be great and that it exerted its huge influence by dint of its irresistible rationale and inevitable effect.
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Hutchinson, Allan C..
"Some “What If” Thoughts: Notes on Donoghue v Stevenson."
Osgoode Hall Law Journal