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iPhone Cases In his judgment, delivered on the same day, he held that, as a general principle, there should be liability for negligent preparation of food.[7]:25 26I am unhesitatingly of opinion that those who deal with the production of food or produce fluids for beverage purposes ought not to be heard to plead ignorance of the active danger which will be associated with their products, as a consequence of any imperfect observation of cleanliness at any stage in the course of the process of manufacture. Tainted food when offered for sale is, in my opinion, amongst the most subtly potent of 'dangerous goods', and to deal in or prepare such food is highly relevant to infer a duty. I fail to see why the fact that the danger has been introduced by an act of negligence and does not advertise itself, should release the negligent manufacturer from a duty, or afford him a supplementary defence.[17]:4,6English case law that required that liability for injuries resulting from goods that were not intrinsically dangerous to have a contractual basis (breach of warranty) was dismissed by Lord Moncrieff (citing John Salmond) for the narrowness of the approach and because there was no decision that incorporated it into Scots law.[7]:26 27[17]:15 16 Finally, Mullen, despite its factual similarity, was discounted by a "very close reading of the precedent opinions".[7]:27 29[17]:17 19Court of Session, Inner House[edit]Stevenson appealed the case to the Inner House, where it was heard by the same four judges who had found against Mullen: Lord Alness (the Lord Justice Clerk), Lord Ormidale, Lord Hunter and Lord Anderson.[7]:29 In their judgment, given on 13 November 1930,[17]:21 they all referred back to and supported their statements in Mullen, Lord Alness observing that "the only difference and, so far as I can see, it is not a material difference between that case [Mullen] and this case [Donoghue] is that there we were dealing with a mouse in a ginger beer bottle, and here we are dealing with a snail in a ginger beer bottle".[17]:22 Thus, Lord Alness, Lord Ormidale and Lord Anderson all allowed the appeal while Lord Hunter dissented.[7]:29 30House of Lords[edit]Donoghue filed a petition to appeal to the House of Lords on 25 February 1931.[7]:32 She also sought (and subsequently received) permission to pursue the case in forma pauperis (with the status of a pauper) a status she had not, for unknown reasons, sought at the Court of Session[7]:33 34 providing an affidavit declaring that "I am very poor, and am not worth in all the world the sum of five pounds, my wearing apparel and the subject matter of the said appeal only excepted.".[3] This claim was supported by the minister and two elders of her church and meant that Donoghue was not required to provide security for costs in case she lost the appeal.[7]:34 (Her legal team had agreed to work pro bono.[3])The petition was granted and the appeal was heard 10 and 11 December 1931 by Lord Buckmaster, Lord Atkin, Lord Tomlin, Lord Thankerton and Lord Macmillan iPhone Cases..
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