Therefore, the injury is not different in kind from what should have been expected. Hughes v Lord Advocate. As long as you can foresee in a general way the type of injury that occurs then you have proximate cause. Remoteness Bradford v Robinsons Rental. Post Office employees were working in a manhole, underneath the street. Why South Australia Asset Management Corp (SAAMCO) v York Montague Ltd is important. Hughes v Lord Advocate [1963] A.C. 837 Two young boys were playing near an unattended manhole surrounded by paraffin lamps. You are required to explain the concept of remoteness (or causation in law) and the way in which a line must be drawn on causal responsibility in tort for reasons of practicality or justice. Ventricelli v. Kinney System Rent A Car, Inc46 N.Y.2d 770, 413 N.Y.S.2d 655, 386 N.E.2d 263 (1978) N.Y. Marshall v. Nugent; Hughes v. Lord Advocate; Moore v. Hartley Motors36 P.3d 628 (Alaska 2001). Issue Setting a reading intention helps you organise your reading. They had marked it clearly as dangerous. He focuses on the lamp, and states that the types of injuries that are reasonably foreseeable from lamps are burns, which is exactly what we have here. Defenses Carriers, Host-Drivers And Landowners Duties Of Medical And Other Professionals Governmental Entities And Officers The case is also influential in negligence in the English law of tort (even though English law does not recognise " allurement " per se). Sign up for a free 7-day trial and ask it. Become a member and get unlimited access to our massive library of Hughes v Lord Advocate: Case Summary . The Lord Advocates Office on behalf of the Royal Mail Hughes v Lord Advocate You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Share. made an observation casting doubt on part of Lord Reid's speech in Hughes v. Lord Advocate [1963] A.C. 837. You're using an unsupported browser. Yapp v Foreign and Commonwealth Office [2014] EWCA Civ … Appellant A child climbed down the hole. Hughes v Lord Advocate: rule . Reid, in a unanimous decision, holds that what is truly of importance is whether the lighting of a fire outside of the manhole was a reasonably foreseeable result of leaving the manhole unwatched, and they determine that it was as the lamps were left there. Hughes v Lord Advocate ... Mount isa mines v pusey have suffered from such a rare form of mental disturbance. The defendants left a manhole uncovered and protected only by a tent and paraffin lamp. The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. You can try any plan risk-free for 7 days. Area of law Hughes brought a negligence claim against the Lord Advocate (defendant), who represented the Post Office employees. Country Workmen employed by the defendant had been working on a manhole cover, and then proceeded to take a break, leaving the hole encased in a tent with lights left nearby to make the area visible to oncoming vehicles. No contracts or commitments. As a result, Stephenson developed a serious virus and became chronically infirm. An uncovered manhole caused injury to C. However only the burns he suffered were foreseeable (due to paraffin lamps); the fall into the hole was unforeseeable (as precautions to cover it were taken). It was not expected that the injuries would be as serious as P sustained. Secondly, Lord Woolf M.R. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. When he came out he kicked over one of the lamps. Occupational stress. Edit. 1963. Smith v Leech Brain & Co. Take your favorite fandoms with you and never miss a beat. Trinity Term [2016] UKSC 51 On appeal from: [2015] CSIH 64. It was surrounded by a tent and some paraffin lamps were left to warn road users of the danger. They took a tea break, and when this happened Hughes, a young boy, went into the manhole to explore. Respondent The boys mucked around and the claimant accidently knocked the lamp into the hole, causing an explosion. Lord Advocate) Hughes v Lord Advocate UKHL 31 is an important Scottish delict case decided by the House of Lords on causation. CASE FACTS DECISION James MacNaughten Papers Group v Hicks Anderson SUEN, Ka Yam BARATALI, Ainaz Nettleship v Weston CHAN, Wing Lam Sophia LAM, Tsz Kiu Hughes v Lord Advocate CHENG, Leong Man KONG, Chak Yee The Wagon Mound CHAN, Ching Ying LIU, Yi Chan v Fonnie LIU, Man Kit Timmy CHEN, Keyi Standard Chartered Bank v Pakistan National Shipping LAW Wan Chun CK The case is also influential in negligence in the English law of tort (even though English law does not recognise " allurement " per se). a) That both the type of the damage as well as the manner in which it occurred must be reasonably foreseeable b) … Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co. Ltd ('The Wagon Mound') [1961] AC 388 Hughes v Lord Advocate, [1963] AC 837 Lord ReidLord JenkinsLord Morris of Borth-y-GestLord GuestLordPearce. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. You don't have to be able to predict the exact damage just damage of that kind. v. LORD ADVOCATE (as representing the Postmaster General) 21st February 1963 Lord Reid Lord Jenkins Lord Morris of Borth­y­Gest Lord Guest LordPearce Lord Reid. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Does the foreseeability of the actual event that caused the injury matter, or just the foreseeability of injury? briefs keyed to 223 law school casebooks. The rule of law is the black letter law upon which the court rested its decision. The manhole was covered by a tent and surrounded by some paraffin lamps with the intention to warn of the danger. Hughes v Lord Advocate established which principle? United Kingdom Unlock this case brief with a free (no-commitment) trial membership of Quimbee. [1] [2] [3] The case is notable for failing to apply the concept of "foreseeable class of harm" established in Hughes v Lord Advocate , thereby denying the award of damages to a factory worker injured in an accident at work. House of Lords After the lantern fell, its kerosene gas contacted the lantern flame causing an explosion and a fire. In that case it was held that the exact way that the damage is caused does not need to be reasonably foreseeable – the focus is on the damage itself. 16-1 Negligence i) Donoghue V. Stevenson ii) Bolton V. Stone iii) Roe V. Minister of Health Ch. That the extent of the damage must be foreseeable correct incorrect. Boy lamp open manhole tent. Year. Hughes v Lord Advocate. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Pages 152-154, 160 and 163-165 LORD ADVOCATE (as representing the Postmaster General) 21st February 1963. You can try any plan risk-free for 30 days. 9 Hughes v Lord Advocate [1963] AC 837 at 85-6 per Lord Guest. (Lord Jenkins in Hughes v Lord Advocate) Analyse this statement in terms of case law. As long as the general type of injury can be foreseen, there will be proximate cause. The Lord Advocates Office on behalf of the Royal Mail, Lords Reid, Jenkins, Morris of Borth-y-Gest, Guest, and Pearce. ). Topic. Hughes v Lord Advocate AC 837 House of Lords Two boys aged 8 and 10 went exploring an unattended man hole. Hughes brought a negligence claim against the Lord Advocate (defendant), who represented the Post Office employees. P tried to help the burns victim and later. It was determined that the breaking was negligent, as it should not have been allowed to come into such disrepair. So, in Hughes v Lord Advocate [1963] AC 837 the foreseeable risk was that a child would be injured by falling in the hole or being burned by a lamp or by a combination of both. This was upheld and applied by the House of Lords in Jolley v Sutton. Cancel anytime. In South Australia Asset Management Corp (SAAMCO) v York Montague Ltd, Lord Hoffmann introduced the concept of the ‘scope of the duty’.A claimant must show not only the defendant caused the loss, but also that the defendant owed a duty of care in respect of the loss suffered. Citation Hughes v. Lord (In re Estate of Lord), 93 N.M. 543, 1979-NMSC-092, 602 P.2d 1030, 1979 N.M. LEXIS 1237 (N.M. 1979) Alexander v Midland Bank [1999] All ER (D) 841. law school study materials, including 801 video lessons and 5,200+ Does the foreseeability of the actual event that caused the injury matter, or just the foreseeability of injury? Judges The man hole had been left by workmen taking a break. Stephenson v Waite Tileman Ltd [1973] 1 NZLR 152 (CA). Another problem arises when reasonably foreseeable results occur, but in an unforeseeable way: e.g. You do not have to predict the exact way the injury will occur. Court. The Lord Advocates Office on behalf of the Royal Mail. Read more about Quimbee. The lower court dismissed the case stating that the actual event that led to the injuries was the explosion, and that it was not foreseeable as it resulted from numerous unlikely events, and Hughes appealed. The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. Citation. Citation MY LORDS, I have had an opportunity of reading the speech which my noble andlearned friend, Lord Guest, is about to deliver. Pickford v Imperial Chemical Industries [1998] 3 All ER 462. ( SAAMCO ) v York Montague Ltd is important boys mucked around and the claimant ( 8 old. Like hughes v Lord Advocate ( defendant ), who represented the Office. Is the black letter law upon which the court rested its decision your account! Had suffered terrible electrical burns as a question when reasonably foreseeable results occur, but in unforeseeable... 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