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. 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. Therefore, the type of harm suffered was reasonably foreseeable. Hughes brought a negligence claim against the Lord Advocate (defendant), who represented the Post Office employees. Hughes v Lord Advocate [1963] UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. One of the officers was struck by an oncoming vehicle. Held: The hospital was negligent but not liable, since even the proper procedure would not have revealed the allergy. It was determined that the breaking was negligent, as it should not have been allowed to come into such disrepair. 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. Topic. Hughes v Lord Advocate - Facts Employees of a post office left a man hole uncovered unattended. This case has been doubted as it appears to be inconsistent with Bradford v Robinson Rentals [1967], but it has not been overruled. I do not think that this authority assists him. 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. However, they put some warning lamps (flammable things) around it. Contents o Two young boys came across open manhole, and took one of the lamps into the tent. HUGHES (A.P.) Therefore, a defendant will remain liable even if foreseeable harm is caused in an unforeseeable manner. FACTS: A boy knocks a lamp into a manhole, which causes an explosion. Hughes v Lord Advocate [1963] - Facts. CITATION CODES. I am satisfied that […] The claimant suddered a minor injury. Hughes v Lord Advocate is similar to these court cases: Donoghue v Stevenson, Titchener v British Rlys Board, Re Polemis & Furness, Withy & Co Ltd and more. Facts: A widow brought a claim against the defendant (who employed her husband) under the Fatal Accidents Act for the death of her husband. HOUSE OF LORDS. Facts. On the facts, Hugh’s injuries resulting from the explosion may be held to be broadly similar to that caused by fire: see Hughes v Lord Advocate [1963]. Landmark court decision in Scots delict law and English tort law by the House of Lords. Re Polemis and Furness, Withy & Co [1921]. 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". o Manhole covered only by a canvas tent, surrounded by kerosene warning lamps. The remoteness of damage rule limits a defendant's liability to what can be reasonably justified, ensures a claimant does not profit from an event and aids insurers to assess future liabilities. A claimant must prove that the damage was not only caused by the defendant but that it was not too remote. The complainant was employed as a galvaniser of steel for the defendants, Leech Brain & Co Ltd. Case Information. Held: It was held that the claimant's actions amounted to a novus actus inteveniens (i.e. No Acts. 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). The trial court ruled in favor of the Lord Advocate, holding that while burn injuries were foreseeable, the manner in which Hughes’ burns occurred was not a foreseeable cause of harm. 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. Lord Reid (dissenting) said that a “grave lack of skill or care on the part of the doctor” treating an injury could amount to a novus actus interveniens. The lifeboat capsized in the heavy seas and 9 of the crew drowned. Important Scottish delict case decided by the House of Lords on causation. Held: The court held that the owners of The Oropesa were liable: the actions of the captain of the other ship did not break the chain of causation because they were reasonable in all the circumstances. FACTS: A boy knocks a lamp into a manhole, which causes an explosion. Near the road was a potthole with red paraffin warning lamps placed there. The defendant accepted liability for the injury sustained during his employment but disputed liability for the second injuries resulting from claimant's actions in jumping down the stairs. Lord Guest, with whom Lords Pearce and Reid agreed, rejected the defendant’s argument that the loss was too remote as it came from an explosion. Hughes v. Lord Advocate At delivering judgment on 21st February 1963,— LORD REID .—I have had an opportunity of reading the speech which my noble and learned friend, Lord Guest, is about to deliver. Hughes v Lord Advocate: facts. Hughes v Lord Advocate. Also, the fact that an ordinary person would not have suffered the injury incurred by the claimant was irrelevant as the defendant must take his victim as he finds him under the eggshell skull rule, Facts: The claimant purchased a food storage hopper. I agree with him that this appeal should be allowed and I shall only add some general observations. The boys took a … He suffered a fractured right ankle and also left with a permanent disability. Hughes v Lord Advocate - … In Hughes v Lord Advocate, the HL held that only the type of harm needs to be reasonably foreseeable.Therefore, a defendant will remain liable even if foreseeable harm is caused in an unforeseeable manner. The claimant arranged for repairs to be done herself and submitted a bill to the council for the repairs and damage caused by the squatters, Held: It was held the council was not liable for the acts of the squatters: it was not foreseeable that squatters would move into an empty house in Camden and cause damage despite the prevalence of such behaviour in Camden at the time, Facts: The claimant sustained an injury at work due to his employer’s breach of duty. Defenses Carriers, Host-Drivers And Landowners Duties Of Medical And Other Professionals Governmental Entities And Officers Court cases similar to or like Hughes v Lord Advocate. (Lord Jenkins in Hughes v Lord Advocate) Analyse this statement in terms of case law. But the decision of the Court of Appeal is no longer law; and Mr James relied principally on Hughes v. Lord Advocate, a case in which the House of Lords treated The Wagon Mound as correctly stating the law, but distinguished it on the facts. It was installed negligently which meant the pig feed went mouldy. The Wagon Mound (a ship) docked in Sydney Harbour in October 1951. Facts: The claimant (8 year old) and another boy were playing on a road. In Hughes v Lord Advocate, the HL held that only the type of harm needs to be reasonably foreseeable. Hughes v Lord Advocate [1963] AC 837 House of Lords Two boys aged 8 and 10 went exploring an unattended man hole. Facts: The claimant had suffered from Myalgic encephalomyelitis (ME) over a period of time and was in recovery when he was involved in a minor car accident due to the defendant's negligence. 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. I agree with him that this appeal should be allowed and I shall only add some general observations. It was held, therefore, that since frostbite was of same type and kind as these harms the defendant could be liable, Facts: A person had one normal thumb and a second superfluous thumb on the same hand. Hughes v Lord Advocate [1963] Humble v Hunter (1842) Hunt v Luck (1902) Hunter v Babbage [1994] Hunter v British Coal Corporation [1998] Hunter v Canary Wharf [1997] Hurst v Picture Theatres [1915] Hurstanger v Wilson [2007] Hussain v Lancaster City Council [2000] Hussein v Chong Fook Kam [1970] Hutchinson v UK [2015, ECtHR] Hutton v Warren [1836] Lord Reid. Two young children came upon the site Employees of a post office left a man hole uncovered unattended. Workmen were completing some underground maintenance of some telephone equipment, meaning they had to open a manhole cover. Held: The defendant was held to be liable. It is also influential in the English law of tort . Workmen were completing some underground maintenance of some telephone equipment, meaning they had to open a manhole cover. The boy falls into a hole and is badly burned. 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, The case reached the House of Lords, where the main issue was whether the damage was too remote. It was surrounded by a tent and some paraffin lamps were left to warn road users of the danger. In R v Vickers, the Court confirmed that an intention to cause grievous bodily harm is sufficient as the mens rea for murder. Share. Hughes v Lord Advocate: D's argument. When they came up they dropped the lamp which exploded and caused damage. HUGHES (A.P.)v. an act breaking the chain of causation). <—– Previous case A child stumbled over a lamp. Vickers broke into a premises in order to steal money. Facts. Facts: The claimant, a herdsman, contracted rare Weil's disease while working for the defendant. The eggshell skull rule applies and the defendant must take his victim as he finds him. This was especially so given the lamp, tent and open manhole cover would be very ‘alluring’ to children. 1963 SC (HL) 31 [1963] AC 837 [1963] UKHL 8 [1963] 1 All ER 705 [1963] 2 WLR 779 1963 SLT 150. The claimant suffered frost bite as a result. Facts: * An eight year old boy was severely burned when a lamp exploded. Held: The defendant was held to be liable for negligence of the workmen. Held: Whether a chain of causation had been broken was a question of fact. ATTORNEY(S) ACTS. The men had opened a manhole and had erected a weather tent over it, with an access ladder inside. 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. Held: The court held that the defendants had exposed the claimant to severe cold and fatigue likely to cause a common cold, pneumonia, or chilblains. Held: The court held that Weil's disease was not forseeable although other diseases from rats were foreseeable. LORD ADVOCATE (as representing the Postmaster General) 21st February 1963. Therefore, a defendant will remain liable even if foreseeable harm is caused in an unforeseeable manner. They took the decision of driving on through the tunnel on the wrong side of the road on a blind bend rather than going the long way around. Hughes v Lord Advocate [1963] AC 837. 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. © 2020 Digestible Notes All Rights Reserved. Facts. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. He applied for compensation on the ground of this incapacity. 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. Smith v Leech Brain & Co Ltd, Next case —–> Remoteness of damage in tort law; that the kind of damage must be foreseeable, rather than the specific damage that actually occurred. 4. Court cases similar to or like Donoghue v Stevenson. When they came up they dropped the lamp which exploded and caused damage. ... Hughes v Lord Advocate. It was not necessary to show that death by cancer was foreseeable, nor that an ordinary person would not have died from the injury. Held: The court of appeal held that the defendant was liable even though the magnitude of the consequences was not foreseeable. The result of the operation left him with more pain and meant he could only do light work. SO the defendant was not liable. REASONS: The exact circumstances that created the burns were not foreseeable. Why Hughes v Lord Advocate is important. An explosion occurred and the child was severely injured. 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. Therefore, the defendant would remain liable even if the extent of damages was more than reasonably foreseeable. Important Scottish delict case decided by the House of Lords on causation. REASONS: The exact circumstances that created the burns were not foreseeable. Why Hughes v Lord Advocate is important. Share. Chaudry v Prahbaker [2000] - … 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, LORD ADVOCATE. 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. Facts: Shepherd (the defendant) chucked a lighted squib into a crowd of people. An hour later he set off with another 16 of crewmembers, to go to the Oropesa, in another lifeboat. Lord ReidLord JenkinsLord Morris of Borth-y-GestLord GuestLordPearce. Robinson v Post Office and another, Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co Ltd (Wagon Mound) [1961], Fairchild v Glenhaven Funeral Services [2003], Barnett v Chelsea and Kensington Hospital Management Committee [1969], R (Freedom and Justice Party) v SS Foreign & Commonwealth Affairs: How Should International Law Inform the Common Law. The boys mucked around and the claimant accidently knocked the lamp into the hole, causing an explosion. 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