Donoghue v Stevenson 1932 Essay Example | Topics and Well Written Essays - 2250 words

Donoghue v Stevenson 1932 - Essay Example The appellant drank the beer and only realized that there were remains of decomposed snail when she was about to finish taking the ginger beer. The appellant claimed that at the time of noticing the remains of the decomposed snail, it made her suffer from shock and complications related with gastro enteritis. She therefore sued the manufacturers of the beer for breach of duty of care and for being negligent giving rise to the appeal case to be determined. This case set the base for negligence cases and the factors that must be determined in order that it is established. The importance of the Donoghue case is that it set a foundation for cases based on breach of duty of care and the requirement for payment of damages and liability in case of a breach of duty of care. Donohue argued that the respondent as a manufacturer of a product meant for human consumption and that it should ensure that any foodstuff that it packaged in its products were fit for human consumption and not noxious in nature. ... The fact that it was bottled by the respondent and labeled with his name and the bottle sealed, it was upon the respondent to ensure that they have a system that would stop the snails from getting into the bottle. She therefore contended that the failure by the respondent to take these precautions led to her predicament and therefore it should be held liable for negligence. The respondent Mr Stevenson argued that as a producer of a product, he had no duty that it owed to its customers apart from that that comes about due to contractual obligations. He argued that the case would introduce a new principle that was not present previously, that of goods that are intended for human consumption sold to the public in a form in which it would have been difficult to investigate. Previously, the exception in such cases were that the goods should have been deemed to be dangerous in the strictest sense and if the manufacturer knew of the danger in the good. The decision in this case was not unan imous as some of the judges dissented. Lord Buckmaster and Lord Tomlin dissented from the judgment and dismissed the appeal on the basis of the case of Mullin v Barr1 where Lord Anderson stated that in cases where the goods of the defendant are those with a wider distribution all over Scotland. Moreover, it would be imprudent to make them liable for every other claims by the plaintiffs or the members of the public as they would be made to pay for the damages incurred which could not be possibly investigated. By citing the case of Winterbottom v Wright2, Lord Tomlin argued that allowing the appeal would be an injustice to the respondent as torts would always be brought against the

Art Museum Paper Research Example | Topics and Well Written Essays - 1000 words

Art Museum - Research Paper Example He is considered a modern artist, which means that he belongs to the era that roughly extended from the 1980’s to the 1970’s, and of a movement that is characterized by a tendency towards experimentation and abstraction (Cahoone). However, despite the undeniable fact that his work was fresh and thought provoking, he shied away from creating abstract artwork, and stuck to the classical technique of oil painting. His paintings were composed and crisp, marked with the influence of the realist painter Gustave Courbet. With superficial examination one might declare that there is nothing modern about Balthus’ work. However, there is an indisputable air of strangeness to his work. This ‘strangeness’ that strikes many as almost disturbing is felt not through the style of painting but rather it was within his depictions and subjects that he displayed his modernism. Balthus’ art is marked with his fascination for the uninnocent sexuality of adolescent girls. Most of his work feature young women in an ordinary setting, but they are shown as naked, or are shown in contorted and suggestive positions. While the artist himself insists that there is no element of sexual provocation in his work (Cahoone), it is difficult to deny the stimulating and sexual nature of most of his work. An example of this would be the oil painting ‘Guitar Lesson’ which was made in 1934. While the title brings to mind an almost domestic scene, the actual painting depicts a young woman half naked with her skirt pulled almost to her waist exposing her bare private parts while she lies across her music instructor’s lap in place of a guitar. Her music instructor, who is a middle aged woman, holds her much as she would hold a guitar, with her right hand clutching the young woman’s hair and the left hand grasping her student’s inner thigh provocatively close to her