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Cases FOR TORT LAW – Negligence DUTY OF CARE
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CASES FOR TORT LAW – NEGLIGENCE: WINTERBOTTOM V WRIGHT (1842) – Originally, was there a general duty
in negligence – NO --- C cannot bring tort claims against a defendant for
nonfeasance that resulted from a contract that C was not privy to.
C (mail coach driver) was seriously injured when a vehicle broke
down due to lack of repair. Previously, Mr Wright (D) contracted
with the Postmaster General to keep coaches in working order
(safe and secure condition). D failed to comply with this promise
and this resulted in C’s injuries.
HEAVEN v PENDER (1883) – movement towards a general principle of
‘ordinary care and skill’ -- facts include, owner of adry lock (D), entered
a contract with a ship-owner (to supply a stage supported by ropes that
would be flung over the side of a ship while it was inthe dock. Whilst
painters (third party), one rope gave way and a painter was injured as a
result – the ropes had been scorched before they were supplied by D,
who had failed to give reasonably careful attention to their condition.
LORD BRETT –
“One man near to another”, “Whenever one person is by circumstances
placed in such a position with regard to another that everyone of
ordinary sense who did think would at once recognise that if he did not
use ordinary care and skill in his own conduct withregard to those
circumstances he would cause danger of injury to the person or
property of the other, a duty arises to use ordinary skill and avoid such
danger”.
IMPORTANT TO NOTE THIS WAS THE MINORITY OPINION IN THE
CASE AND WASN’T NECESSARILY BINDING.
LE LIEVRE v GOULD (1893) – movements towards a general principle of
‘ordinary care and skill’ -- LORD ESHER – “The questionof liability for
negligence cannot arise at all until it is established that the man who
has been negligent owed some duty to the person who seeks to make
him liable for his negligence. What duty is there when there is no
relation between the parties by contract? A man is entitledto be as
negligent as he pleases towards the whole world if he owes no duty to
them.”
...
CASES FOR TORT LAW – NEGLIGENCE: WINTERBOTTOM V WRIGHT (1842) – Originally, was there a general duty
in negligence – NO --- C cannot bring tort claims against a defendant for
nonfeasance that resulted from a contract that C was not privy to.
C (mail coach driver) was seriously injured when a vehicle broke
down due to lack of repair. Previously, Mr Wright (D) contracted
with the Postmaster General to keep coaches in working order
(safe and secure condition). D failed to comply with this promise
and this resulted in C’s injuries.
HEAVEN v PENDER (1883) – movement towards a general principle of
‘ordinary care and skill’ -- facts include, owner of adry lock (D), entered
a contract with a ship-owner (to supply a stage supported by ropes that
would be flung over the side of a ship while it was inthe dock. Whilst
painters (third party), one rope gave way and a painter was injured as a
result – the ropes had been scorched before they were supplied by D,
who had failed to give reasonably careful attention to their condition.
LORD BRETT –
“One man near to another”, “Whenever one person is by circumstances
placed in such a position with regard to another that everyone of
ordinary sense who did think would at once recognise that if he did not
use ordinary care and skill in his own conduct withregard to those
circumstances he would cause danger of injury to the person or
property of the other, a duty arises to use ordinary skill and avoid such
danger”.
IMPORTANT TO NOTE THIS WAS THE MINORITY OPINION IN THE
CASE AND WASN’T NECESSARILY BINDING.
LE LIEVRE v GOULD (1893) – movements towards a general principle of
‘ordinary care and skill’ -- LORD ESHER – “The questionof liability for
negligence cannot arise at all until it is established that the man who
has been negligent owed some duty to the person who seeks to make
him liable for his negligence. What duty is there when there is no
relation between the parties by contract? A man is entitledto be as
negligent as he pleases towards the whole world if he owes no duty to
them.”
...
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