The Doctrine of Privity in Negligence

Persuasive re-assessment of the role of Donoghue v Stevenson on the law of privity in negligence.

This book traces the path of the doctrine of privity in negligence, from inception to its famous ousting in Donoghue v Stevenson in 1932.

It begins with the origins of negligence’s privity rule in the Industrial Revolution, before considering pressure points for change in the early twentieth century, including rising consumerism and the array of issues faced by married women when suing on a contract. This book challenges the orthodox story that products-based claims in tort were a rarity in English law prior to Donoghue because of the privity bar. Viewed within this narrative, Mrs Donoghue’s claim is a tipping point rather than a revolution.