Held: The defendant was held to be liable: the burn was a foreseeable consequence of the defendant's negligence and this resulted in his death. Facts: The claimant (8 year old) and another boy were playing on a road. Loss of a chance It was “axiomatic” that later negligence by a doctor (so in principle, presumably anyone’s later negligence) would amount to a “new cause” and so break the chain of causation flowing from the original accident. Employees of a post office left a man hole uncovered unattended. However, the claimant's employers, on the other hand, were legally responsible for the encephalitis as well as for the minor injury: if a wrongdoer ought to foresee that as a result of his wrongful act the victim may require medical treatment then he is liable for the consequences of the treatment applied although he could not reasonably foresee those consequences. The defendant was liable because the damage was not too remote as it was foreseeable that the boys might suffer a burn from the lamp → the fact that the burn resulted from an unforeseeable explosion did not prevent the type of damage being foreseeable. Hughes v Lord Advocate - … ATTORNEY(S) ACTS. But, comparing the facts of and outcomes of cases in this branch of the law is a misuse of the only proper use of precedent, viz to identify the relevant rule to apply to the facts as found. 6 / 1 5 2 0 H u g h e s v L o r d A c a t [9 3] U K (F b y) h t p: / w. b a i l o r g u k c s e U K H L 1 9 6 3 m 2 MY LORDS, I am satisfied that […] the Manchester Regiment later sank. Therefore, the defendant would remain liable even if the extent of damages was more than reasonably foreseeable. Contents Smith v As a result of the defendant's negligence the husband had incurred a burn to his lip. Two police officers on motorcycles arrived at the scene. The claimant suffered frost bite as a result. The lifeboat capsized in the heavy seas and 9 of the crew drowned. It includes all the. Defenses Carriers, Host-Drivers And Landowners Duties Of Medical And Other Professionals Governmental Entities And Officers It was not necessary to show that death by cancer was foreseeable, nor that an ordinary person would not have died from the injury. Thus the judge was entitled to find that on the balance of probabilities an apparently unlikely set of facts had happened, as in Hughes v Lord Advocate [1963] AC 837 and was not obliged to hold that the claimant had failed to discharge the burden of proof as in Rhesa Shipping v Edmunds [1985] 1 WLR 948. Therefore, a defendant will remain liable even if foreseeable harm is caused in an unforeseeable manner. Relatives of the drowned seamen sued. The fire spread rapidly causing destruction of some boats and the wharf, Held: The court held that Re Polemis and Furness, Withy & Co [1921] should no longer be considered good law and said the defendant can only be liable for damage that was reasonably foreseeable. The squib landed at someone else’s foot, who then chucked it elsewhere too, before it exploded in Scott’s (the claimant) face, putting out one of his eyes. Facts. Held: The court of appeal held that the defendant was liable even though the magnitude of the consequences was not foreseeable. One year later the council had not undertaken the repairs. Lord Advocate. 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. The claimant argued that the concept of "class of harm" (as propounded in Hughes v Lord Advocate) should apply, namely, that although the eruption was not itself foreseeable, splashing was foreseeable, and that an "eruption" fell into the same class of harm as a "splashing". At hospital he was given an anti-tetanus injection, where he contracted encephalitis due to an allergy of which he was previously unaware. Topic. The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. In Hughes v Lord Advocate, the HL held that only the type of harm needs to be reasonably foreseeable. The defendant opened a manhole cover and left it overnight, marked with a paraffin lamp. Topic. The defendant argued it was unforeseeable that there would be an explosion, and therefore the loss was too remote. an act breaking the chain of causation). FACTS: A boy knocks a lamp into a manhole, which causes an explosion. A man and a boy went and explored the man hole. A man and a boy went and explored the man hole. The proceeds of this eBook helps us to run the site and keep the service FREE! However, the kind of injury- burning- was … v. LORD ADVOCATE (as representing the Postmaster General) 21st February 1963 Lord Reid Lord Jenkins Lord Morris of Borth­y­Gest Lord Guest LordPearce Lord Reid. o Two young boys came across open manhole, and took one of the lamps into the tent. 4. Landmark court decision in Scots delict law and English tort law by the House of Lords. In supporting this conclusion, Lord Pearce said: But to demand too great precision in the test of foreseeability would be unfair to the pursuer since the facets of misadventure are innumerable. Hughes v Lord Advocate [1963] UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. Hughes v Lord Advocate AC 837 Facts: The claimant (8 year old) and another boy were playing on a road. One of the officers was struck by an oncoming vehicle. They had erected a canvas shelter over the manhole and had placed paraffin warning lamps around the shelter. Hughes v Lord Advocate [1963] UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. Chapter 4.C. This was especially so given the lamp, tent and open manhole cover would be very ‘alluring’ to children. The boy falls into a hole and is badly burned. The officer argued it was Mr John’s fault because had he not crashed then the officer would not have found himself in the situation he was in, Held: It was held that the senior officer’s instructions and failure to close the entrance to the tunnel was negligent and broke the chain of causation: the claimants decision to go through the tunnel was not negligent and was therefore entitled to full damages from the senior officer, Facts: The Council (the defendant) negligently fractured a water pipe outside D’s house. HUGHES (A.P.) With regard to Hugh and his subsequent heart failure, candidates should have stated the doctrine of ‘take your victim as you find him’ (see (e.g.) Held: The defendant was held to be liable. 1 Facts 2 Issue 3 Decision 4 Reasons 5 Ratio Stephenson, a steeplejack, injured himself while working for Waite Tileman when a wire rope on a crane broke and cut his hand. Willis, a bystander, picked up the squib and chucked it elsewhere to protect himself from injury. Hughes v. Lord Advocate - Proximate Cause Instant Facts: While playing in and around an unguarded open manhole, two young boys accidentally knocked a kerosene lantern into the manhole, breaking the lantern and causing an unforeseeable explosion. However, the kind of injury- burning- was … Hughes v Lord Advocate: D's argument. (Lord Jenkins in Hughes v Lord Advocate) Analyse this statement in terms of case law. 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