The Case of Donaghue V

question 41

Essay

The case of Donaghue v. Stevenson represented a dramatic change in the law regarding defective products. Discuss the similarities and differences between the legal principles established by this case and the operation of modern legislation in this area.
D. v. S., an injured consumer may sue a manufacturer for damages suffered
- Under federal legislation (Food and Drugs Act and Hazardous Products Act), strict liability and penalties are imposed on manufacturers in breach of the Acts' provisions
- The purpose of the legislation is to protect the public from harm but not to compensate injured consumers, its role being regulatory as well as criminal
- Manufacturers may be required to pay penalties for breaches of the legislation whether any injury occurred or not

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Definitions:

Personal Liability

Legal responsibility of an individual to fulfill debts or obligations from his or her own assets.

Sixth Amendment

A provision in the United States Constitution guaranteeing the rights of criminal defendants, including a speedy trial and legal representation.

Speedy Trial

A legal right guaranteeing accused individuals a swift trial to avoid undue or prolonged incarceration without conviction.

United States Constitution

The supreme law of the United States that establishes the national framework of government and the fundamental rights of citizens.