Universiteit / hogeschool. LIST OF LEADING CASES OF UNITED KINGDOM App. Since the risk was manifest (they knew of the boys’ criminal records etc), HO was liable. Home Office v Dorset Yacht Co Ltd. 321 words (1 pages) Case Summary. By using our website you agree to our privacy policy The case for the Home Office is that under no circumstances can Borstalofficers owe any duty to any member of the public to take care to preventtrainees under their control or supervision from injuring him or his property.If that is the law then enquiry into the facts of this case would be a wasteof time and money because whatever the facts may be the Respondentsmust lose. 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. Respondent Home Office v Dorset Yacht Co Ltd [1970] AC 1004 Case summary . Level General public Study economics School/University University... About the document. Case No: A1/2016/2502 & 2504 IN THE SUPREME COURT OF THE UNITED KINGDOM ... INTRODUCTION AND SUMMARY 1. 16th Jul 2019 Case Summary Reference this In-house law team Jurisdiction(s): UK Law. HOME OFFICE v. DORSET YACHT COMPANY LTD. [1970] 1 Lloyd's Rep. 453 HOUSE OF LORDS Before Lord Reid, Lord Morris of Borth-y-Gest, Viscount Dilhorne, Lord Pearson and Lord Diplock Liability is not necessarily negated simply because a third party performed the act that caused damage as a result of the initial negligent act; if this action was a foreseeably outcome of the initial act then the original negligent party will be responsible for the outcome of the third party’s actions. Home Office v Dorset Yacht Co. Ltd., [1970] AC 1004 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. and terms. Lords Reid, Morris of Borth-y-Gest, Pearson, Diplock, and Viscount Dilhorne UKSC 2018/0200 Although borstal training sometimes requires giving boys greater freedom, this may only diminish but not eradicate the duty and it is therefore not against public policy interests to make HO liable for borstal boys’ actions. Several "borstal boys" (young offenders between fifteen and twenty) were under the supervision of three officers when they were working on an island. Does the fact that competent adults performed the negligent acts break the chain of causation? Borstal officers were required to supervise young offenders who were working on Brown Sea Island, however the officers left the boys unsupervised. This case document summarizes the facts and decision in Home Office v Dorset Yacht Co. Ltd [1970] AC 1004. ... Congreve v. Home Office (1976) QB 629 39. Home Office v Dorset Yacht Co [1970] AC 1004 Case summary last updated at 18/01/2020 18:39 by the Oxbridge Notes in-house law team. 30 Oct 2020. Ms. Donoghue, the claimant, consumed ginger beer, which had a decomposed snail. if there is a discrepancy, it must be determined if the discrepancy is sufficient to prevent a duty of care from arising. They also boarded the second yacht and caused further damage. The officers went to sleep and left them to their work. Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our When there is a discrepancy one must decide if what the new case is lacking is enough to prevent duty from being established. Lord Diplock concurs but has different reasoning. Claiming Economic Loss and Experts. View all articles and reports associated with Dorset Yacht v Home Office [1970] UKHL 2 Dorset Yacht Company Limited Seven of the boys escaped, stole a yacht and crashed it into another yacht that was owned by Dorset Yacht. Home Office v Dorset Yacht Co Ltd: Case Summary . Home Office v Dorset Yacht Co. Ltd. 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. admin October 26, 2017 November 13, 2019 2 Comments on Roscorla v Thomas (1842): consideration must not be past. Judgement for the case Home Office v Dorset Yacht Co. 3 Borstal boys were left unsupervised and damaged a boat. There IS sufficient proximity here because there isn’t only physical proximity but the harm was also foreseeable. They also boarded the second yacht and caused further damage. Neutral citation number [2020] UKSC 43. Neither the shopkeeper nor the friend who purchased the beer, nor Ms. Donoghue was aware of the snail's presence. 256, at p. 262, a duty may arise from a special relationship between the defender and the third party, by virtue of which the defender is responsible for controlling the third party: see, for example, Dorset Yacht Co Ltd v Home Office. Home Office v Dorset Yacht Co Ltd. Citation Case Summary of Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964) AC 465 (HL). Take your favorite fandoms with you and never miss a beat. He says that where there is a NAI between R’s carelessness and the ultimate damage, it is still possible to sue R provided that the damage was highly probable, and NOT mere foreseeability, as in cases where the damage is direct (the “very probable” requirement emphasises that the NAI is a, Lord Diplock: Lord Atkin’s dictum, as he himself said, was not to be applied universally but merely “generally” (i.e. Conservative and Unionist Central Of- ... Home Office v. Dorset Yacht Co. Ltd. (1970) UKHL 2 (1970) AC 1004 67. He dismisses each claimed reason for not applying the test. Oxbridge Notes in-house law team. Case Brief Wiki is a FANDOM Lifestyle Community. 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 . Any duty of care owed by Home Office to persons whose ... About Legal Case Notes. 3 Borstal boys were left unsupervised and damaged a boat. public policy requires that the officers should be immune from this duty. The document also included supporting commentary from author Craig Purshouse. 1970 Case ID. The snail was invisible as the bottle was opaque. ©2010-2020 Oxbridge Notes. The officers went to sleep and left them to their work. The Home Office of the United Kingdom . The owner sued the home office for negligence. Does the fact that competent adults performed the negligent acts break the chain of causation? Dorset Yacht Co Ltd v Home Office (LAWS1051) From Uni Study Guides. Control of land or dangerous things: Smith v Littlewoods Organisation [1987] AC 241 Case summary . Due to negligence of officers, 7 borstal trainees escaped while on training exercise and damaged property. 3—List of Leading Cases of United Kingdom CONSTITUTIONAL LAW S. No. In this case he decides that the fact that they were on an island made the escape by boat a very foreseeable outcome of the negligence, and therefore it should have been prevented. House of Lords P Perl (Exporters) Ltd. v Borough of Camden [1984] QB 342 . Areas of applicable law : Contract law – Consideration – Past consideration Main arguments in this case: Past consideration is no consideration. How do I set a reading intention. In Home Office v Dorset Yacht Name Institution In Home Office v Dorset Yacht The case, Donoghue v Stevenson is the landmark case in the specific tort of negligence. The Law of Torts (LAWS212) Appellant The case is also relevant because it further clarified the … Finally, the third defence fails because there are no obvious public policy issues that prevent the duty from being established. Several of the young offenders then stole a boat and crashed it into the yacht of the Claimant. Detailed case brief Torts: Negligence. HO WAS responsible for the boys due to the special relationship between them, despite the boys being legal adults. not always) since this would unduly restrict the law. Home Office v Dorset Yacht Co Ltd: lt;p|>|Template:Infobox Court Case| ||||Home Office v Dorset Yacht Co Ltd|| [1970] duty of care. 4. 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. https://casebrief.fandom.com/wiki/Home_Office_v_Dorset_Yacht_Co._Ltd.?oldid=10886. Can you be liable for the tortious actions of another party towards a third party? 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. It is established that the result would not have occurred if the officers were not negligent and had continued to monitor the boys. All that needs to be established is that the initial act was negligent (per Wagon Mound), which has been established here. The case, Donoghue v Stevenson is the landmark case in the specific tort of negligence. Lords Reid, Morris of Borth-y-Gest, Pearson, Diplock, and Viscount Dilhorne. 3 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. Vak. Jack Kinsella. ... [1955] AC 549 (HL); Home Office v Dorset Yacht Co Ltd [1970] AC 1004 (HL). Citation: Dorset Yacht Co Ltd v Home Office [1970] AC 1004. Share this: Facebook Twitter Reddit LinkedIn WhatsApp Home Office v Dorset Yacht Co Ltd [1970] AC 1004; Oxbridge Notes is a trading name operated by 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. About the author. ... World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. Remoteness Judgment summary details Judgment date. Therefore the police would, Written by Oxford & Cambridge prize-winning graduates, Includes copious adademic commentary in summary form, Concise structure relating cases and statutes into an easy-to-remember whole. Or download with : a doc exchange. The Home Office appealed Dorset's ability to bring a claim to the House of Lords. 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