Dorset Yacht V Home Office Two Stage Test
Doc Recent Developments Of The Duty Of Care In The Tort Of Negligence In The United Kingdom Miriam Nkomalago Academia Edu
2 Public policy does not require that there should be immunity from action for bostral officers.
Dorset yacht v home office two stage test. The officers went to sleep and seven of the boys escaped using a yacht that they found and collided into and damaged the respondents yacht. The second stage of the test is to consider the reasons why there should not be a duty of care. 149 and DArcy vPrison Commissioners Times Newspaper 15th November 1955 it wasassumed in the absence of argument to the contrary that the legal custodianof a prisoner detained in a prison owed to the plaintiff another prisonerconfined in the same prison a duty of care to prevent the first prisoner fromassaulting the plaintiff and causing him.
Several of the young offenders then stole a boat and crashed it into the yacht of the Claimant. In this case seven Borstal boys had escaped from an island where they were undergoing training. Act of the Claimant A subsequent act of the claimant will break the chain of causation if it is very unreasonable.
Donoghue v Stevenson - Wikipedia So for example in the Dorset Yacht case the House of Lords decided that if the damage caused by a group of borstal boys had been the result of a policy decision to grant them greater freedom it would not be actionable. It was found the Home Office owed a duty of care as they. A party of Borstal trainees were under supervision of three Borstal Officers doing work on an island.
Home Office 1953 2 All ER. Third Party Intervention Home Office v Dorset Yacht Co Ltd 1970 HL pg245 Facts. Any duty of a borstal officer to use reasonable care to prevent a borstal trainee from escaping.
It is a House of Lords decision on negligence and marked the start of a rapid expansion in the scope of negligence in the United Kingdom by widening the circumstances in which a court was likely to. First one asks whether there is a prima facie duty of care based on foreseeability of. The escape was due to the negligence of the Borstal officers who contrary to orders were in bed.
Home Office v Dorset Yacht 1970 AC 1004. In Home Office v Dorset Yacht Company Ltd5 the neighbour principle had been used to ascertain the existence of the duty of care. Dorset Yacht Co Ltd v Home Office.
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