Cases Involving Original Precedent

R v R (1991):

• The defendant was charged with the attempted rape of his wife
• At the time of the offence the couple had separated informally, but neither of them had partitioned for divorce
• The House of Lords (now Supreme Court) overturned the matrimonial exception to rape and the husband was convicted
• This set an original binding precedent which is followed in similar cases

Donoghue v Stevenson (1932):

• Donoghue's friend had bought her a bottle of ginger beer
• The bottle contained the decomposing remains of a snail
• Because of this Donoghue suffered from nervous shock and gastroenteritis
• Donoghue attempted to claim against the manufacturer of the ginger beer - claiming that he owed her a duty of care
• The case held, setting an original precedent which means that manufacturers do in fact owe a duty of care to the ultimate consumer of their product