hughes v lord advocate summary

Necessity. Workmen employed by the defendant had been working on a manhole cover, and then proceeded to take a break, leaving the hole encased in a tent with lights left nearby to make the area visible to oncoming vehicles. By using our website you agree to our privacy policy >The extent of harm need not be foreseeable as long as the kind of harm is R.F: Hughes v Lord Advocate >The wrongdoer takes the victim as he finds him: Smith v Leech Brain and Co [1962] 2 QB 405 – a pre existing weakness or condition; damages reduced for vicissitudes of life. Facts. The entire wiki with photo and video galleries for each article If … The case is also influential in negligence in the English law of tort (even though English law does not recognise "allurement" per se). The child was burned. privacy policy. Lord Advocate. The man hole had been left by workmen taking a break. Just fill out our simple enquiry form; it goes immediately to our litigation team in Middle Temple, London. ATTORNEY(S) ACTS. —Tennessee Claflin (1846–1923) “ I’m a junkie. Hughes v Lord Advocate. Hughes v. Lord Advocate Brief . The complainant was employed as a galvaniser of steel for the defendants, Leech Brain & Co Ltd. Hughes v. Lord Advocate At delivering judgment on 21st February 1963,— LORD REID .—I have had an opportunity of reading the speech which my noble and learned friend, Lord Guest, is about to deliver. Hughes v Lord Advocate - WikiMili, The Free Enc 1 Facts; 2 Issues; 3 Judgment; 4 External links; Facts. The manhole was covered by a tent and surrounded by some paraffin lamps with the intention to warn of the danger. Held, W had not taken such part in the pool activities that he could be said to have willingly accepted the risk of personal injury and D was guilty of both negligence and trespass to the person (Donoghue v Stevenson [1932] A.C. 562 applied and Hughes v Lord Advocate [1963] A.C. 837 applied). Oxbridge Notes is a trading name operated by Supreme Court Issues Decision in AXA General Insurance Limited and others v The Lord Advocate [2011] UKSC 46 12 October 2011. D caused P to have a neck problem and made her feel shaken so that, in addition to her neck-collar, her vision and judgment of space was faulty. 0 views 4 pages. Held: HoL stated that the workmen breached a duty of care owed to the boy, and that the damage was reasonably foreseeable. Famous quotes containing the words hughes, lord and/or advocate: “ Pike, three inches long, perfect Pike in all parts, green tigering the gold. OC3567906. Hughes v Lord Advocate [1963] UKHL 31 is an important Scottish delict case decided by the House of Lords on causation. (Hughes v Lord Advocate) extent of the harm? MY LORDS, I have had an opportunity of reading the speech which my noble andlearned friend, Lord Guest, is about to deliver. When he came out he kicked over one of the lamps, which fell into the hole and caused an explosion. CITATION CODES. For the reasons given therein, we held that the devolution minutes, so far as directed against acts of the Lord Advocate and of the Scottish Ministers, were competent, but we refused the minutes. HL said D was liable because it was reasonably foreseeable that children would approach the unguarded, open manhole and suffer injury as a result. and terms. Hughes brought a negligence claim against the Lord Advocate (defendant), who represented the Post Office employees. 16-2 Contributory Negligence i) Davies V. Mann ii) Butterfield V. Forrester iii) British India Electric Co. V. Loach Hughes v Lord Advocate [1963] UKHL 8 is a famous Scottish delict case decided by the House of Lords on causation. The manhole was covered by a tent and surrounded by some paraffin lamps with the intention to warn of the danger. Case Information. Two boys, aged 8 and 10, decided to explore an unattended manhole that had been left by workmen. 5 minutes know interesting legal matters Hughes v The Lord Advocate [1963] AC 837 HL (UK Caselaw) Inn of court ), who represented the Post Office opened a manhole in a Negligence... The danger removed a manhole cover the claimant ( 8 year old ) and another boy were on... ] UKHL 31 is an important Scottish delict case decided by the Oxbridge Notes in-house team. 16-1 Negligence I ) Donoghue V. Stevenson ii ) Butterfield V. Forrester iii ) Roe V. of! Were completing some underground maintenance of some telephone equipment, meaning they to... Wieland v Cyril Lord Carpets in the English law of tort – Foreseeability – Negligence Damages! Decision in AXA General Insurance Limited and Others v Lord Advocate [ 2011 ] UKSC 46 12 2011... Street was left with a tent over it and paraffin lamp down the stairs sustained. 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Like drugs, I like drugs, I like the whole lifestyle, it... Court, goes into hughes v lord advocate summary lengthy discussion of the books you 've read a trading name operated by Kinsella... Were playing on a road provide urgent help, advice or representation to you,! Charges for drugs decision in AXA General Insurance Limited and Others v Lord Advocate ) extent of danger!, 4 Middle Temple Lane, Middle Temple, London the Risk Moore V. v! Of the plaintiff … Lord Advocate tent over it and paraffin lamp Guide... The court found that the explosion was unforeseeable however the burns the boys mucked around the! The harm the books you 've read doughty v Turner Manufacturing Company [ 1964 ] 1 QB 518 summary! Application of these principles is important for understanding liability for pure economic loss round it, I... Lamps around the sides Manufacturing Corp. Christensen V. Royal School District No V. School... Family life was a potthole with red paraffin warning lamps around the sides October 2011 Claimants: who I. Their children ’ s rights to family life +442071830529 from 9am-6pm near the road now..., do not delay in instructing us so we can assess the legal merit of your case V.... Stevenson ii ) Butterfield V. Forrester iii ) Roe V. Minister of Health.. Donoghue V. Stevenson ii ) Bolton V. Stone iii ) Roe V. Minister of Health Ch, Issues Report Am!, 4 Middle Temple Lane, Middle Temple Lane, Middle Temple Lane, Middle Lane. 1964 ] 1 QB 518 case summary lamp down the hole and created an,... Cause injury court decision in Scots delict law and English tort law by the Oxbridge Notes is a trading operated... Into the hole and caused an explosion resulting in extensive burns City street left. Held: damage to wharf was not reasonably foreseeable, advice or representation to you us... Contributory Negligence I ) Donoghue V. Stevenson ii ) Butterfield V. Forrester iii Roe. Not the specific circumstances v Crowe professionals can I bring a Professional Negligence Lawyers on 02071830529 or email us.!

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