Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. LORD ADVOCATE (as representing the Postmaster General) 21st February 1963. 1963. Hughes brought a negligence claim against the Lord Advocate (defendant), who represented the Post Office employees. Citation The boys took a lamp down the hole and created an explosion resulting in extensive burns. Quimbee might not work properly for you until you. The case is also influential in negligence in the English law of tort (even though English law does not recognise " allurement " per se). Near the road was a potthole with red paraffin warning lamps placed there. 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, Why South Australia Asset Management Corp (SAAMCO) v York Montague Ltd is important. The man hole had been left by workmen taking a break. Take your favorite fandoms with you and never miss a beat. The issue section includes the dispositive legal issue in the case phrased as a question. Pages 152-154, 160 and 163-165 He focuses on the lamp, and states that the types of injuries that are reasonably foreseeable from lamps are burns, which is exactly what we have here. Post Office employees were working in a manhole, underneath the street. Hughes v Lord Advocate established which principle? HUGHES (A.P.) House of Lords. 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. We’re not just a study aid for law students; we’re the study aid for law students. Court cases similar to or like Hughes v Lord Advocate. Hughes v Lord Advocate. Yapp v Foreign and Commonwealth Office [2014] EWCA Civ … Appellant After the lantern fell, its kerosene gas contacted the lantern flame causing an explosion and a fire. House of Lords As long as the general type of injury can be foreseen, there will be proximate cause. Hughes brought a negligence claim against the Lord Advocate (defendant), who represented the Post Office employees. Respondent. (Hughes v Lord Advocate) extent of the harm? Appellant. Hughes v Lord Advocate established which principle? Setting a reading intention helps you organise your reading. 16-1 Negligence i) Donoghue V. Stevenson ii) Bolton V. Stone iii) Roe V. Minister of Health Ch. 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. Court You do not have to predict the exact way the injury will occur. One boy fell in and the lamp exploded causing burns. Citation. Hughes v Lord Advocate: Case Summary . Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. Area of law Read more about Quimbee. Pickford v Imperial Chemical Industries [1998] 3 All ER 462. Another problem arises when reasonably foreseeable results occur, but in an unforeseeable way: e.g. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × Country reversed and remanded, affirmed, etc. You can try any plan risk-free for 7 days. Two boys, aged 8 and 10, decided to explore an unattended manhole that had been left by workmen. 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. Another basic rule is that the defendant must take their victim as they find them. The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. The operation could not be completed. Edit source History Talk (0) Comments Share. The rule of law is the black letter law upon which the court rested its decision. Jolley v London Borough of Sutton [2000] 3 All ER 409. Smith v Leech Brain & Co. Doughty v Turner Manufacturing is a 1964 English case on the law of negligence. Cancel anytime. In that case it was held that the exact way that the damage is caused does not need to be reasonably foreseeable – the focus is on the damage itself. Lord Advocate) Hughes v Lord Advocate UKHL 31 is an important Scottish delict case decided by the House of Lords on causation. The Lord Advocates Office on behalf of the Royal Mail. Hughes v Lord Advocate ... Mount isa mines v pusey have suffered from such a rare form of mental disturbance. MY LORDS, I have had an opportunity of reading the speech which my noble andlearned friend, Lord Guest, is about to deliver. Hughes, a young boy Hughes v Lord Advocate. Become a member and get unlimited access to our massive library of Hughes v Lord Advocate: rule . Facts: The claimant (8 year old) and another boy were playing on a road. 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. Case Brief Wiki is a FANDOM Lifestyle Community. They had marked it clearly as dangerous. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. Occupational stress. i) Scott V. Shepherd ii) Re Polemis and Furnace Ltd. iii) Wagon Mound case iv) Hughes V. Lord Advocate v) Haynes V. Harwood Ch. Cancel anytime. Trinity Term [2016] UKSC 51 On appeal from: [2015] CSIH 64. (Lord Jenkins in Hughes v Lord Advocate) Analyse this statement in terms of case law. made an observation casting doubt on part of Lord Reid's speech in Hughes v. Lord Advocate [1963] A.C. 837. Does the foreseeability of the actual event that caused the injury matter, or just the foreseeability of injury? 1963 Share. 10 Smith v Hughes (1871) LR 6 QB 597 at 607 per Blackburn J. 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. Hughes v Lord Advocate. Hughes v Lord Advocate: statement of principle. The claimant suffered severe burns. No contracts or commitments. The procedural disposition (e.g. CASE FACTS DECISION James MacNaughten Papers Group v Hicks Anderson SUEN, Ka Yam BARATALI, Ainaz Nettleship v Weston CHAN, Wing Lam Sophia LAM, Tsz Kiu Hughes v Lord Advocate CHENG, Leong Man KONG, Chak Yee The Wagon Mound CHAN, Ching Ying LIU, Yi Chan v Fonnie LIU, Man Kit Timmy CHEN, Keyi Standard Chartered Bank v Pakistan National Shipping LAW Wan Chun CK Hughes v Lord Advocate, [1963] AC 837. United Kingdom Read our student testimonials. It was not expected that the injuries would be as serious as P sustained. Boy lamp open manhole tent. The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. Judges. Important Scottish delict case decided by the House of Lords on causation. Topic. law school study materials, including 801 video lessons and 5,200+ They took a tea break, and when this happened Hughes, a young boy, went into the manhole to explore. If not, you may need to refresh the page. Defenses Carriers, Host-Drivers And Landowners Duties Of Medical And Other Professionals Governmental Entities And Officers This rule may operate in two ways. result of d"s negligence. That both the type of the damage as well as the manner in which it occurred must be reasonably foreseeable correct incorrect. Lords Reid, Jenkins, Morris of Borth-y-Gest, Guest, and Pearce Hughes v Lord Advocate [1963] A.C. 837 Two young boys were playing near an unattended manhole surrounded by paraffin lamps. Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co. Ltd ('The Wagon Mound') [1961] AC 388 The manhole was covered by a tent and surrounded by some paraffin lamps with the intention to warn of the danger. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. P suffered a rare form of schizophrenia, and sued his employer in negligence. 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. An uncovered manhole caused injury to C. However only the burns he suffered were foreseeable (due to paraffin lamps); the fall into the hole was unforeseeable (as precautions to cover it were taken). That the extent of the damage must be foreseeable correct incorrect. briefs keyed to 223 law school casebooks. As a result, Stephenson developed a serious virus and became chronically infirm. https://casebrief.fandom.com/wiki/Hughes_v_Lord_Advocate?oldid=8558. 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). Hughes v Lord Advocate, [1963] AC 837 You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. The explosion caused Hughes to fall into the manhole, where he suffered burns on his body. Respondent No contracts or commitments. Available in LexisNexis@Library ... Lord Wilson, Lord Reed, Lord Hughes and Lord Hodge, 28 July 2016) The Supreme Court unanimously allowed the appeal. You can try any plan risk-free for 30 days. The employees took a break and left the manhole open, unguarded, and enclosed by kerosene lanterns.

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