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ATTORNEY(S) ACTS. 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. HUGHES (A.P.) After getting back out, a lamp was either dropped or knocked into the hole and an explosion resulted, causing Hughes to fall back in where he was badly burned. Near the road was a potthole with red paraffin warning lamps placed there. The captain of the Manchester Regiment sent 50 of his crew to the Oropesa because his boat was so badly damaged. Hughes v Lord Advocate [1963] UKHL 31 is an important Scottish delict case decided by the House of Lords on causation. 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. This is specifically made for exam purpose of tort law. MY LORDS, I have had an opportunity of reading the speech which my noble andlearned friend, Lord Guest, is … The claimant, an eight-year-old boy, and a friend, climbed into the hole. As a result of the defendant's negligence the husband had incurred a burn to his lip. HUGHES (A.P.)v. Hughes v Lord Advocate AC 837 Facts: The claimant (8 year old) and another boy were playing on a road. 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. o Two young boys came across open manhole, and took one of the lamps into the tent. Workmen were completing some underground maintenance of some telephone equipment, meaning they had to open a manhole cover. Law of Tort – Foreseeability – Negligence – Damages – Remoteness of Damage – Eggshell Skull Rule – Causation. (Lord Jenkins in Hughes v Lord Advocate) Analyse this statement in terms of case law. 4. As they climbed out the boys knocked one of the paraffin lamps into the Re Polemis and Furness, Withy & Co [1921]. 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 lamp was surrounding an unguarded manhole in the street, used to warn traffic. The House of Lords held that the defendant could only escape liability if the damage was not a kind which was reasonably foreseeable. The boy brought a claim against the workmen in the tort of negligence. I agree with him that this appeal should be allowed and I shall only add some general observations. <—– Previous case Held: The defendant was held to be liable. Hughes brought a negligence claim against the Lord Advocate (defendant), who represented the Post Office employees. This was a harsh judgment and does not stand anymore! The boys mucked around and the claimant accidently knocked the lamp into the hole, causing an explosion. In Hughes v Lord Advocate, the HL held that only the type of harm needs to be reasonably foreseeable. A claimant must prove that the damage was not only caused by the defendant but that it was not too remote. Contents Facts. [G] Negligence – Remoteness of the damage Hughes v Lord Advocate [1963] AC 837 The government construction workers did not cover a hole on a road after their work. Chaudry v Prahbaker [2000] - … 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] o Manhole covered only by a canvas tent, surrounded by kerosene warning lamps. The question was whether the surgeon was negligent in having the thumb amputated as it is argued that this was not necessary. Held: Whether a chain of causation had been broken was a question of fact. I do not think that this authority assists him. It was determined that the breaking was negligent, as it should not have been allowed to come into such disrepair. The eggshell skull rule applies and the defendant must take his victim as he finds him. ⇒ If the injury was of a different kind than the foreseeable type, then the defendant could have escaped liability. It is also influential in the English law of tort . Facts 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 Employees of a post office left a man hole uncovered unattended. One of the officers was struck by an oncoming vehicle. Donoghue v Stevenson. Why Hughes v Lord Advocate is important. Smith v Leech Brain & Co Ltd, Next case —–> The claimant suffered frost bite as a result. 1963 SC (HL) 31 [1963] AC 837 [1963] UKHL 8 [1963] 1 All ER 705 [1963] 2 WLR 779 1963 SLT 150. v. LORD ADVOCATE (as representing the Postmaster General) 21st February 1963 Lord Reid Lord Jenkins Lord Morris of Borth­y­Gest Lord Guest LordPearce Lord Reid. Hughes v Lord Advocate Facts: Post Office workmen left a manhole unattended, covered only with a tent and with paraffin lamps by the hole. Chapter 4.C. As a result, Stephenson developed a serious virus and became chronically infirm. Held: It was held that the claimant's actions amounted to a novus actus inteveniens (i.e. 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. Hughes v. Lord Advocate. 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. 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) Brief Fact Summary. This case has been doubted as it appears to be inconsistent with Bradford v Robinson Rentals [1967], but it has not been overruled. I am satisfied that […] The boys took a … Court cases similar to or like Hughes v Lord Advocate. He suffered a fractured right ankle and also left with a permanent disability. His lip contained pre-cancerous cells which were triggered by the injury sustained and he died 3 years later. 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. A man and a boy went and explored the man hole. the Manchester Regiment later sank. Why Hughes v Lord Advocate is important. Topic. One evening in November 1958 two boys aged 8 and 10 were walking down Russell Road, Edinburgh where some Post Office workers were repairing cables under the street. The plaintiff sued the defendant for the value of the entire boat. Held: It was held that the defendant was liable. Lord ReidLord JenkinsLord Morris of Borth-y-GestLord GuestLordPearce. The court disagreed, saying that a splashing was a physical displacement, whereas an eruption was a chemical reaction which was NOT … He explained that the explosion was only the means through which the damage (ie the burns) occurred. LORD ADVOCATE. Facts. Willis, a bystander, picked up the squib and chucked it elsewhere to protect himself from injury. The House of Lords rejected the defendant’s appeal, holding that the damage was not too remote. Provided that some kind of personal injury was foreseeable it did not matter whether the injury was physical or psychiatric. 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. The court said that said some form of illness was foreseeable from having mouldy pig food, even if e-coli and death was not foreseeable, so should be held liable (this is very similar to Hughes v Lord Advocate, but compare the case to Tremain v Pike). Therefore, a defendant will remain liable even if foreseeable harm is caused in an unforeseeable manner. o One of the boys accidentally knocked the lamp over into the manhole, which exploded. He was advised that an operation was required to remove not just the extra thumb but also the joint of the normal thumb. The claimant was not physically injured but the incident triggered his ME, meaning he was unable to return to his job as a teacher. Left covered with a paraffin lamp that the fracture had not undertaken the repairs year later the council not... By workmen taking a break court of appeal held that the claimant slipped... Crew drowned felt his leg give way so he jumped 10 steps to the Oropesa was negligently and... Ignited the oil from rats were foreseeable and felt his leg give way so jumped! Way down and felt his leg was prone to giving way with him that this should. Manhole in the oil judgment and does not stand anymore was then sent to hospital where it was not.! Could have escaped liability further damage escaped liability Oropesa, in another lifeboat –! Why hughes v Lord Advocate, Stovin v Wise and more his leg was prone to giving.... 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