Due to negligence of officers, 7 borstal trainees escaped while on training exercise and damaged property. One night the Borstal officers retired for the evening leaving the boys unsupervised. ... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. About the author. Several of the young offenders then stole a boat and crashed it into the yacht of the Claimant. When determining if liability exists in a new situation: the situation must be compared to existing situations which constitute negligence to determine certain characteristics; those circumstances must be analysed to see if they give rise to a duty of care; and. Lord Reid: he takes a different approach to Pearson. If they do the conclusion follows that a duty of care does arise in the case for decision’ Reid, Morris of Borth-y-Guest, Pearson, Diplock, LL, Viscount Dilhorne [1970] AC 1004, [1970] 2 WLR 1140, [1970] 2 All ER 94, [1970] UKHL 2 Bailii England and Wales Citing: Appeal from – Dorset Yacht Co Ltd v Home Office CA 1969 . Does the fact that competent adults performed the negligent acts break the chain of causation? Control of land or dangerous things: Smith v Littlewoods Organisation [1987] AC 241 Case summary . This case document summarizes the facts and decision in Home Office v Dorset Yacht Co. Ltd [1970] AC 1004. View all articles and reports associated with Dorset Yacht v Home Office [1970] UKHL 2 Lords Reid, Morris of Borth-y-Gest, Pearson, Diplock, and Viscount Dilhorne Home Office v Dorset Yacht Co Ltd: lt;p|>|Template:Infobox Court Case| ||||Home Office v Dorset Yacht Co Ltd|| [1970] duty of care. The owner sued the home office for negligence. They also boarded the second yacht and caused further damage. 30 Oct 2020. Does the fact that competent adults performed the negligent acts break the chain of causation? Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our Respondent The case, Donoghue v Stevenson is the landmark case in the specific tort of negligence. In this case, the stealing of the boat and damaging another is exactly the type of outcome that should have been foreseen by the officers. Home Office v Dorset Yacht Co Ltd [1970] AC 1004 (HL) Pages 1025-1028 and 1030-1033. Dorset Yacht Co Ltd v Home Office (LAWS1051) From Uni Study Guides. $ 4.95. Take your favorite fandoms with you and never miss a beat. They also reject the second defence stating that this claim is negated if the action of the third party is the type of result that could reasonably be foreseen as a result of the negligent act. Jack Kinsella. Seven of the boys escaped, stole a yacht and crashed it into another yacht that was owned by Dorset Yacht. The snail was invisible as the bottle was opaque. Judges Year References: [1969] 2 QB 412, [1969] 2 WLR 1008, [1969] 2 All ER 564 Jurisdiction: England and Wales This case is cited by: Appeal from – Dorset Yacht Co Ltd v Home Office HL 6-May-1970 ([1970] AC 1004, [1970] 2 WLR 1140, [1970] 2 All ER 94, , [1970] UKHL 2) A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The Law of Torts (LAWS212) approval in Dorset Yacht Co. Ltd. V. Home Ofice l2 and, in con- sidering whether the Home Ofice owes a duty of care for damage lcgal doctrine when there are undcrstandable policy considerations at hand : "Dry doct,rine of a very poor quality obscures the good sense ;f the con- clusions," he claims; see '' Tort. Any duty of care owed by Home Office to persons whose ... About Legal Case Notes. Matthew J. Dorset Yacht Company Limited ... Cases can change the law yet still maintain consistency with precedent where the decision is influenced by the current law in extending or redefining it enough to include the particular case under consideration. Universiteit / hogeschool. The Home Office of the United Kingdom Home Office v Dorset Yacht Co Ltd: Case Summary . 4. Haynes v Harwood [1935] 1 KB 146 Case summary . If it can be established (1) that the officers were acting in breach of their instructions (and not acting in pursuance of discretion granted to them, in which case they, and thus the HO would not be liable) and (2) that in breaching the instructions the harm was reasonably foreseeable, a duty of care to the boat owners existed. Ms. Donoghue, the claimant, consumed ginger beer, which had a decomposed snail. The case of Home Office v Dorset Yacht Co (1970) concerns the decision on whether a person or a body can be liable for a third party’s action if that party was under the supervision or control of such person or body. Appellant Case No: A1/2016/2502 & 2504 IN THE SUPREME COURT OF THE UNITED KINGDOM ... INTRODUCTION AND SUMMARY 1. There IS sufficient proximity here because there isn’t only physical proximity but the harm was also foreseeable. There are three claims by the Home Office that must be dealt with: Lord Reid, for the majority, dismisses the first defence saying that times have changed and now liability can be found in cases where the outcome was not foreseeable. ... Congreve v. Home Office (1976) QB 629 39. Borstal officers were required to supervise young offenders who were working on Brown Sea Island, however the officers left the boys unsupervised. . Areas of applicable law : Contract law – Consideration – Past consideration Main arguments in this case: Past consideration is no consideration. INTRODUCTION AND SUMMARY ... case at least arguably falls within the established Dorset Yacht category of case whereby A owes a duty of care in respect of the conduct of B.1 Accordingly, ... 1 See Dorset Yacht Co Ltd v Home Office [1970] AC 1004 and the cases that have followed it. Since the risk was manifest (they knew of the boys’ criminal records etc), HO was liable. if there is a discrepancy, it must be determined if the discrepancy is sufficient to prevent a duty of care from arising. Again, as appears from the dictum of Dixon J. in Smith v Leurs (1945) 70 C.L.R. NB Pearson says that this is not a universal test but is a general test, to be applied except where it would produce injustice: the test is to be applied unless there is a reason for not applying it. 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