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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. Hughes v Lord Advocate [1963] UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. The complainant was employed as a galvaniser of steel for the defendants, Leech Brain & Co Ltd. (as representing the Postmaster General) 21st February 1963. One year later the council had not undertaken the repairs. Therefore, a defendant will remain liable even if foreseeable harm is caused in an unforeseeable manner. 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". CITATION CODES. Lord Reid. Therefore, the defendant would remain liable even if the extent of damages was more than reasonably foreseeable. made an observation casting doubt on part of Lord Reid's speech in Hughes v. Lord Advocate [1963] A.C. 837. 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. Facts. Held: The hospital was negligent but not liable, since even the proper procedure would not have revealed the allergy. 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. Lord ReidLord JenkinsLord Morris of Borth-y-GestLord GuestLordPearce. This is specifically made for exam purpose of tort law. Hughes v Lord Advocate < p i d = " p _ 0 " > 2 1 February 1963 At delivering judgment on 21st February 1963,— It was argued that the appellant cannot recover because the damage which he suffered was of a kind which was not foreseeable. Loss of a chance The men had opened a manhole and had erected a weather tent over it, with an access ladder inside. I do not think that this authority assists him. 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. His lip contained pre-cancerous cells which were triggered by the injury sustained and he died 3 years later. During the break-in, Vickers came across the victim who resided in the flat above the shop. The proceeds of this eBook helps us to run the site and keep the service FREE! Therefore, a defendant will remain liable even if foreseeable harm is caused in an unforeseeable manner. Facts: The defendants carelessly exposed their employee, a van driver (the claimant), to extreme cold in the course of his duties. Post Office workers were working underground and left the manhole unattended surrounded with kerosene lamps while on break. Plaintiff Hughes, an 8 year old boy, was playing at the unattended site and knocked over a kerosene lamp, … 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. Defenses Carriers, Host-Drivers And Landowners Duties Of Medical And Other Professionals Governmental Entities And Officers 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, 1963 SC (HL) 31 [1963] AC 837 [1963] UKHL 8 [1963] 1 All ER 705 [1963] 2 WLR 779 1963 SLT 150. This was a harsh judgment and does not stand anymore! The boy falls into a hole and is badly burned. A claimant must prove that the damage was not only caused by the defendant but that it was not too remote. The man hole had been left by workmen taking a break. The boys took a … The claimant suffered frost bite as a result. Facts. Near the road was a potthole with red paraffin warning lamps placed there. Hughes v Lord Advocate. HUGHES (A.P.) Facts: The defendant employed the claimant who slipped on a ladder at work because of oil on the step. Law of Tort – Foreseeability – Negligence – Damages – Remoteness of Damage – Eggshell Skull Rule – Causation. REASONS: The exact circumstances that created the burns were not foreseeable. He was advised that an operation was required to remove not just the extra thumb but also the joint of the normal thumb. 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. Workmen were completing some underground maintenance of some telephone equipment, meaning they had to open a manhole cover. Held: It was held that the defendant was liable. Remoteness - This is specifically made for exam purpose of tort law. 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. He got part way down and felt his leg give way so he jumped 10 steps to the bottom. 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 defendant opened a manhole cover and left it overnight, marked with a paraffin lamp. The boy falls into a hole and is badly burned. * The lamp was surrounding an unguarded manhole in the street, used to warn traffic. o One of the boys accidentally knocked the lamp over into the manhole, which exploded. A plank fell causing a spark which set off a chain that eventually destroyed the ship. 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. The claimant was not physically injured but the incident triggered his ME, meaning he was unable to return to his job as a teacher. 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. Lord ReidLord JenkinsLord Morris of Borth-y-GestLord GuestLordPearce. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. Secondly, Lord Woolf M.R. The second use is narrower than the first Hughes v Lord Advocate [1963] AC 837 Facts: o A group of workmen left an open manhole, guarded by paraffin lamps. Donoghue v Stevenson is similar to these court cases: Rylands v Fletcher, Hughes v Lord Advocate, Stovin v Wise and more. This case has been doubted as it appears to be inconsistent with Bradford v Robinson Rentals [1967], but it has not been overruled. In Hughes v Lord Advocate, the HL held that only the type of harm needs to be reasonably foreseeable. In Hughes v Lord Advocate, the HL held that only the type of harm needs to be reasonably foreseeable. Squatters had also moved in and caused further damage. Held: It was held that there had been no break in the chain of causation by the action of throwing on the squib elsewhere: the actions were a foreseeable national consequence. Lords on causation 're willing to put in the heavy seas and 9 of the Manchester.. Man hole uncovered unattended mid-afternoon onwards, the HL held that the defendant could have escaped liability victim who in. Be allowed and i shall only add some General observations just the extra but! 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