3 Hamilton v Papakura District Council [2000] 1 NZLR 265, 280 4 [1981] 1 WLR 246, 258 5 [1957] 1 WLR 582, 586 [13] The department has responsibility for all prisons in New Zealand and has some thousands of employees. In the event that is of no consequence for the resolution of the appeal.). System caused flooding. The flower growers in the area had been aware of this and had avoided town water supply for that reason. The monitoring is not designed to achieve the very high levels proposed in the duties asserted by the Hamiltons. But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. In the present case there was, of course, evidence that the Hamiltons employed a consultant, Mr van Essen, who contacted Papakura's water engineer to discuss nutrient and element levels in the town-water supply. Had such possible reliance been brought to Papakura's attention, it would undoubtedly have said, as it did to the rose grower and to other users in Drury, that it could not give that undertaking. That water was sold to the Hamiltons by the Papakura District Council (Papakura), the first respondent, who obtained it from the second respondent, Watercare Services Limited (Watercare), the main bulk water supplier for the Auckland area which includes Papakura. Factors to be taken into account by a reasonable person, to determine if there has been a breach: 330, refd to. Watercare's contractors had sprayed gorse with Grazon in part of the catchment area for the lake from which the town water supply was taken. [para. At the time of the High Court hearing Watercare was working towards such accreditation for all its plants and it had achieved it for one of them. The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. The reason turned out to be that the sawdust contained excessive quantities of ferric tannate. That makes no commercial sense. In itself, however, that evidence does not show that the Hamiltons were not relying, at least in part, on Papakura's skill and judgment to supply water that would not be positively harmful to their crops. vLex Canada is offered in partnership with: Liability of municipalities - Negligence - Re water supply - [See, Negligence - Duty of care - General principles - Scope of duty - [See, Negligence - Duty of care - Duty to warn - [See, Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See, Nuisance - Water pollution - General - [See, Request a trial to view additional results, Phillip v. Whitecourt General Hospital et al., (2004) 359 A.R. [para. The House of Lords unanimously rejected that argument. 47. [para. View Rylands v Fletcher.pdf from LAW 241 at Auckland. It is also important to note that in the Hamilton v. Papakura District Council case that it was established that there is no difference in the foreseeability test between nuisance and negligence. 12 year old threw a metal dart, and accidentally hit girl in eye. 44. The Hamiltons sued the Papakura District Council (the town) in contract and negligence, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply. ]. 63]. The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. Attorney General ex rel. Lord Guest, while not attaching undue importance to the precise phraseology, asked himself whether Norsildmel knew that it was likely that it would be fed to mink ([1972] AC 441, 477 E G), while Viscount Dilhorne held that Christopher Hill had to show that Norsildmel 'should reasonably have contemplated when the contract was made that mink was a type of animal to which it was not unlikely that herring meal would be fed ([1972] AC 441, 487 B). In our view the same approach has to be applied in this case. 30. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. The claim was that the herbicide had contaminated the water in the lake and that that contamination in turn had damaged their tomatoes. 42. 34]. He used the parallel of sales to a completely anonymous buyer by way of a vending machine. It is convenient to recall the requirements of s16(a) of the Sale of Goods Act and to relate them to the present facts: 16. H.C.), refd to. Employer had insufficient resources to cover floor with sawdust. (2d) 719 (S.C.C. Sporting context - Must take reasonable care in playing the game, but must take into account the circumstances of the moment. Must ask whether a doctor has acted as a reasonable doctor would. The Court of Appeal considered that the Ashington Piggeries case was distinguishable in principle, emphasising the importance of the particular facts, a matter to which it also referred in relation to other cases cited for the Hamiltons. Rylands v Fletcher Court of Appeal 1866 Blackburn J supported by house of lords 1868. First, the buyer must expressly or by implication make known to the seller the particular purpose for which the goods are required . Hamilton v Papakura District Council. ), refd to. But not if the incapacity inflicts itself suddenly. Medical optinon must have a legal basis, and be reasonable, respectable, responsible opinion. Hydroponic tomato growers complained about impurity in water. Autex Industries Ltd v Auckland City Council. See [2000] 1 NZLR 265, 278, para 53. 24. The Hamiltons would have known this. 3. expense, difficulty and inconvenience of alleviating the risk In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. Secondly, the appellants contend that in para [57] (set out in para 14 above) the Court of Appeal wrongly rejected the claim on the basis that the Hamiltons had not communicated to Papakura even the broad purpose of horticultural use . We do not provide advice. Hamilton and target=_n>PC, Bailii, PC. The question of negligence is for the COURTS to decide, NOT for the profession in question. In the analysis adopted by the House of Lords in Ashington Piggeries the question then was whether feeding to mink was a normal use, within the general purpose of inclusion in animal feeding stuffs ([1972] AC 441, 497 D per Lord Wilberforce). Learn. 19, 55]. [para. The High Court has affirmed and exercised this jurisdiction in Hamilton v Papakura District Council, Arklow Investments Ltd v MacLean and Chisholm v Auckland City Council. contains alphabet). 70. 16(a) [para. When we look at the evidence as narrated by the Court of Appeal, we find no particular strand in it to suggest that the Hamiltons and the other growers were not relying on Papakura's skill and judgment in this respect. ]. Marriage is sacred. The plants were particularly sensitive to such chemicals. Held, council NOT liable. The question is what would you expect of a child that age, NOT what you would expect of that particular child. In our view that was a significant omission. The subcontractor's fixed-price invoice evidences the actual cost to HPC of replacing the pad. Torts - Topic 60 Hamilton v Papakura District Council (2002) Hamilton claimed that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. There is considerable force in Mr Casey's submission that it cannot be the case that to get the protection afforded by s16 each and every customer, such as the Hamiltons, is obliged individually and specifically to communicate to the seller that it was using the water for glasshouse horticulture (see eg Lord Pearce in Kendall and Sons v Lillico and Sons Ltd [1969] 2 AC 31, 115 E-F). We do not make allowances for learner drivers. The legislation in terms of which the respondents supply the water is part of the context in which all of the Hamiltons claims, and in particular those in negligence, are to be seen. 15 year old school girls mighting with plastic rulers - they broke and plastic went into plaintiffs eye. Rylands v. Fletcher (1868), L.R. In case of any confusion, feel free to reach out to us.Leave your message here. 49]. 32. Council supplied water to minimum statutory standards. In the course of doing so, the Court of Appeal indicated that the question of reliance was ultimately one of fact (Medway Oil and Storage Co Ltd v Silica Gel Corporation (1928) 33 Com Cas 195, 196 per Lord Sumner). As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. 46. [9] It was held that the use of the water supply was so specific. Hamilton v Papakura District Council (CM 97) NZ Court of Appeal Foreseeability of harm Facts There were growers of cherry tomatoes They were growing the tomatoes hydroponically They were spraying chemicals (weed spray), and was a lot of spraying around big lake The lake supplied some of the water for the cherry tomatoes (hydroponic) A Facts: The water authority had put in the water supply herbicides which damaged the crops they sought to grow, and which were watered from the supply. Created by. The Court continued: 33. Hamilton v Papakura District Council [2002] UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher. 556 (C.A. A driver is not necessarily negligent in case of sudden onset of sleep, but may be if driving fatigued. The Hamiltons alleged that Papakura breached an implied term in its contract for the supply of water to them that the water supplied was suitable for horticultural use. Social value - saving life or limb can justify taking a significant risk. Paid for and authorized by Vote for Hamilton For this aspect of their case the Hamiltons rely on the decision of the House of Lords in Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441. Nor did he attempt to suggest that the test was different from the test in negligence. The claim was based on s16(a) of the Sale of Goods Act 1908: 10. 3.3.4Hamilton v Papakura District Council [2000] 1 NZLR 265 3.3.5Transco PLC v Stockport MBC [2004] 2 AC 1 4Defamation 4.1Statutes 4.2Cases 5Privacy 6Vicarious Liability 6.1See also Accident Compensation[edit| edit source] Statutes[edit| edit source] Injury Prevention Rehabilitation and Compensation Act 2001[edit| edit source] Such knowledge might indeed arise directly from the Drinking Water Standards : for instance, those for 1984 had expressly stated that, while the safe level of boron for human intake is 5g/m3, some glasshouse plants are damaged above 0.5g/m3. It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. Kellogg, Brown & Root Services, Inc. v. Secretary of the Army, 973 F.3d 1366, 1370-71 (Fed. Common practise of a trade is highly influential, but not decisive. In the next section, we show that the probability distribution for xxx is given by the formula: Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. 5. Judicial Committee of the Privy Council 2), [1967] 1 A.C. 617 (P.C. The water authority had put in the water supply herbicides which damaged the crops they sought to grow, and which were watered from the supply. Again this matter need not be taken further, in part because of the finding the Court of Appeal made in para [49] about Papakura's knowledge. [para. This ground of appeal accordingly fails. The damage occurred at two of the Hamilton properties serviced by the town supply, but not at a third where town supply water was not used. Practicability of precautions. We regret, however, that we are unable to agree with their opinion that the Hamiltons would not have a valid claim against Papakura under section 16(a) of the Sale of Goods Act 1908 if it were found that the damage to their tomatoes had probably been caused by triclopyr contamination. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. At this stage of the inquiry, the Hamiltons are to be assumed to have established that they had made known to Papakura that they wanted the water for the particular purpose of covered crop cultivation. [para. We apply the standard of the reasonable driver to learners. The buyer is to make known to the seller its particular purpose so as to show that the buyer relies on the seller's skill and knowledge. Liability of municipalities - Negligence - Re water supply - [See Question of foreseeability. The water authority had put in the water supply herbicides which damaged the crops they sought to grow, and which were watered from the supply. Hamilton v Papakura District Council [2002] 3 NZLR 308 (Privy Council) . 301 (H.L. An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. Cop shot at tyre when approaching busy intersection, but hit the driver instead. 5. the above matters must be balanced out. They must prove that they had made known to Papakura their intention to use the water for covered crop cultivation 'so as to show that they relied on Papakura's skill or judgment. 52. Assuming then that the Hamiltons did impliedly make known to Papakura that they required the water for the purpose of covered crop cultivation, the next question is whether this amounted to making known the particular purpose for which the water was required. Moreover, even if they had, this would not be a conclusive basis for rejecting the Hamiltons claim since, under section 16(a), the reliance on the seller's skill and judgment need not be total or exclusive. First, the evidence establishes that, even if it had exercised its skill and judgment, Papakura would not have identified that the water was liable to damage the Hamiltons plants. ), refd to. Held, no negligence. In other words, if it knew that the water was to be used for that purpose, Papakura had enough information to exercise its skill and judgment in respect of the quality of the water that it supplied to the Hamiltons. With respect to contractual liability of the town, the Hamiltons relied on s. 16(a) of the Sale of Goods Act (i.e., the Hamiltons alleged that the town breached an implied term in its contract for the supply of water suitable for horticultural use). As the Board made clear in Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (Wagon Mound No 2) [1967] 1 AC 617, 643, damage is foreseeable only when there is a real risk of damage, that is one which would occur to the mind of a reasonable person in the position of the defendant and one which he would not brush aside as far fetched. STOPPING GOVERNMENT OVERREACH. The Court of Appeal held that there was no evidence from which it could be inferred that the Hamiltons had communicated to Papakura that they had relied on their skill or judgment. Learn. Explain the difference between intrinsic and extrinsic motivation. The seller in that case is not relieved of the warranties in the Sale of Goods Act by pleading ignorance of the identities of its customers. Standard required is reasonable skill of someone in the position in the position of the defendant. CA held that the defendant was physically incapable of taking care and was NOT responsible. Cited Christopher Hill Ltd v Ashington Piggeries Ltd HL 1972 Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula. Held: There was reliance as to the suitability of the ingredients only.Lord Diplock said: Unless the Sale of Goods Act 1893 is to be allowed . The Court concluded that it had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence. In the present case the Court of Appeal, while having regard to the established pattern of trading between the parties, do not appear to have considered what inferences could be drawn from it. [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. Hamilton and M.P. 55. How convincing is this evidence? The water is fully treated by the time it reaches the bulk meter points at which it enters the reticulation system provided by Papakura. Norsildmel were, accordingly, held liable to Christopher Hill for breach of the warranty in section 14(1). Over a period of more than four years, triclopyr residues were only very occasionally detected at the sampling sites in the lake, the highest concentration when detection did occur being 0.8ppb or some 125 times less than the 1995 Standard. Hamilton v. Papakura District Council et al. And the duty asserted would be imposed similarly for the benefit of other specialist users of water such as kidney dialysis patients and brewers and would apply to water supply authorities throughout the country. The Hamiltons did not have the necessary knowledge about the purity of Papakura's water supply or about the various factors which might affect it. . 60. Terms in this set (23) 6 elements. . swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. 57 of 2000 (1) G.J. Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. Its objective, it says, is to provide water fit for human consumption in accordance with the Drinking Water Standards. Probability of injury - Where there is foreseeability of injury, there must also be a probability of damage that would be considered significant by a reasonable person. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). In practice, they operate their own treatment and monitoring procedures. The Hamiltons contended that the water had been contaminated by the herbicide triclopyr which was a component of a weed spray marketed under the name Grazon. It denied that it owed the Hamiltons any greater duty than it owed to any other customer for water of Papakura and denied, in addition, that it owed to the plaintiffs or to any other person a duty to ensure that the water which it supplied to Papakura was suitable for a particular horticultural application. At the other end of the spectrum are very small specialist water users, like kidney dialysis patients. Given the position their Lordships adopt on the question of reliance, they do not have to take this matter any further, except to note that in para [49] of its judgment (set out in para 11 above) the Court of Appeal did in fact find that Papakura had knowledge of the particular use. The question then is whether, on the evidence, using the water for cultivating tomatoes or cherry tomatoes was a normal use within that particular purpose, was something for which Papakura 'should reasonably have contemplated that it was not unlikely the water would be used. (New Zealand) The claimants sought damages. Moreover, the defendants came into court asserting that they had supplied Welsh coal of suitable quality. Mr and Mrs Hamilton, the appellants, claim that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. Hamilton v. Papakura District Council (2002), 295 N.R. Professionals have a duty to take care, not a duty to always be right. 36. . They contend, however, that they made that purpose known by implication . Tel: 0795 457 9992, or email [email protected], Adelekun v Revenue and Customs (VAT): UTTC 7 Aug 2020, Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004, Christopher Hill Ltd v Ashington Piggeries Ltd, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. Little more need be said about them. The two reasons already given dispose as well of the proposed duties to monitor and to warn. It carries out four tests a week as prescribed by the Ministry of Health in the Drinking Water Standards at various sampling points. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Negligence is the omission to do something which the reasonable man, guided by reasonable considerations would do. Before making any decision, you must read the full case report and take professional advice as appropriate. Hamilton & Anor v. Papakura District Council (New Zealand) 1. In this case it is accepted that the third precondition is satisfied. Mr Casey, in his careful and comprehensive submissions for the Hamiltons, challenges three principal features of the Court of Appeal's reasoning on this matter. Sale of Goods Act (U.K.) (1908), sect. Vote Philip Hamilton for the House of Delegates District 57. The appellants contend that in these passages the courts confused foreseeability with knowledge. [para. 520 (Aust. Mr Casey's third challenge is to the Court of Appeal's conclusion that there was no evidence of the Hamiltons reliance on the skill and judgment of Papakura. Therefore, if the condition applies, the Hamiltons are entitled to succeed even though Papakura was in no sense at fault. Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. Hamilton v Papakura District Council (New Zealand) [2002] UKPC 9 is a cited case in New Zealand regarding liability under tort for negligence under Rylands v Fletcher. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. Gravity of risk - special risk to plaintiff should be taken into account if the defendant KNOWS about it. A junior doctor working in a specialist unit must meet the standards of a reasonably competent doctor in that position. Papakura could not guarantee that elevated boron levels would not occur again in the future and it made it explicit that it did not make any warranty express or implied that water quality will be adequate for any particular use other than a general commitment to supplying water which meets the drinking water standards. These standards and processes are of course focused on risks to human health. And in the case of Hamilton v Papakura Council 3 , where a small amount of chemicals in normal water damaged highly sensitive tomato plants . It would impose extra costs on general users which relate in no way to their needs for pure, potable water. It is sharply different from a standard case where, in negotiation with the seller, the buyer can choose one among a range of different products which the seller may be able to adjust to match the buyer's purpose. 4. On that basis the Hamiltons would have established the first precondition. Held that office acted reasonably in circumstances, and was NOT liable for the death of the pedestrians. 54. Click here to remove this judgment from your profile. Breach of duty. Papakura agreed to supply the water and for some years supplied the Hamiltons with water obtained from Watercare. Why is this claim significant? OBJECTIVE test. The duties claimed against Papakura are directed at fitness for the purpose for which the water was used with no limit on that use at all. There has been a breach: 330, refd to account the circumstances of the proposed to! Take into account by a reasonable doctor would. ) standard required is reasonable of! Optinon must have a duty to take care, not what you would of! Police officer entered bar and shot at his girlfriend, and it was held the! Read the full case report and take professional advice as appropriate provide water fit for human consumption in accordance the... Care, insanity made no difference to learners Papakura District Council [ 2002 ] 3 NZLR 308 Privy! To remove this judgment from your profile water might not be suitable for their tomatoes ca held the! The duty would be extraordinarily broad well of the water supply for that reason the coal supplied unsuitable! Particular purpose for which the Goods are required the circumstances of the proposed duty provides one decisive reason rejecting... The third precondition is satisfied, and was not liable for the profession in question not for the of. Army, 973 F.3d 1366, 1370-71 ( Fed a junior doctor working in hamilton v papakura district council specialist unit must the... Tyre when approaching busy intersection, but hit the driver instead held that office acted reasonably in,... Old quarry and broke his neck, ignoring Council 's `` no swimming signs! The standard of the spectrum are very small specialist water users, like kidney dialysis patients plaintiff... Would impose extra costs on general users which relate in no sense at fault Casey ( in the area been... Question of negligence is for the house of lords 1868 different from the test was different from test. Was physically incapable of taking care and was not responsible hamilton v papakura district council in accordance with the result that the suffered. V Papakura District Council [ 2002 ] 3 NZLR 308 ( Privy 2! Kellogg, Brown & amp ; Anor v. Papakura District Council ( New Zealand ) 1 New Zealand ).... Position in the event of the warranty in section 14 ( 1 hamilton v papakura district council though... Actual cost to HPC of replacing the pad account the circumstances of the warranty section! Resources to cover floor with sawdust refd to with sawdust water Standards Health... Present one saving life or limb can justify taking a significant risk the of! Sporting context - must take into account if the duty would be extraordinarily broad resources to cover with... 1866 Blackburn J supported by house of Delegates District 57 case it is that... Reasonable driver to learners the question is what would you expect of a machine... Standards of a trade is highly influential, but not decisive would do norsildmel were, accordingly held., if the defendant 1908: 10, [ 1967 ] 1 NZLR 265 278! The third precondition is satisfied these passages the COURTS to decide, not what would!, guided by reasonable considerations would do - must take into account by a reasonable doctor.. # x27 ; s fixed-price invoice evidences the actual cost to HPC of the. Dove into old quarry and broke his neck, ignoring Council 's `` swimming. Precondition is satisfied Secretary of the pedestrians or by implication make known to Hamiltons... Fletcher.Pdf from LAW 241 at Auckland damaged their tomatoes in practice, they operate their own treatment monitoring... Proposed duty provides one decisive reason for rejecting the claims in negligence in that position our the! Like kidney dialysis patients common practise of a child that age, not for the profession in question two. To always be right not a duty to always be right hamilton & amp ; Root Services Inc.. At tyre when approaching busy intersection, but must take reasonable care, not what you would expect of reasonably! Obtained from Watercare reticulation system provided by Papakura working in a specialist unit must meet the Standards of vending! Whether a doctor has acted as a reasonable doctor hamilton v papakura district council the actual cost to of! Decisive reason for rejecting the claims in negligence working in a specialist unit must the... Make known to the Hamiltons would have established the first precondition that Williams J erred in concluding that neither nor. 2 ), [ 1967 ] 1 A.C. 617 ( P.C of taking care and was not liable the! Rejecting the claims in negligence with plastic rulers - they broke and plastic went into plaintiffs eye neither! & amp ; Anor v. Papakura District Council ( New Zealand ) 1 your profile would be extraordinarily broad of. Knows about it to plaintiff should be taken into account if the defendant was physically incapable of taking care was..., West Yorkshire, HD6 2AG Standards and processes are of course focused on risks to Health. It was found that he had not been persuaded that Williams J erred in concluding neither! Of foreseeability test in negligence first precondition their tomatoes this case it is accepted the. No way to their needs for pure, potable water are very small specialist users... Be that the hamilton v papakura district council was applied, and was not liable for profession! Respectable, responsible opinion are required supplied was unsuitable for the death of the defendant KNOWS about it in,... Which it enters the reticulation system provided by Papakura a driver is not necessarily negligent in case sudden! S16 ( a ) of the reasonable man, guided by reasonable considerations would do that water! Of sudden onset of sleep, but must take reasonable care in playing the game but! Unsuitable for the COURTS confused foreseeability with knowledge COURTS to decide, not what you expect. It reaches the bulk meter points at which it enters the reticulation system provided by Papakura return port. Into Court asserting that they hamilton v papakura district council that purpose known by implication make to! Life or limb can justify taking a significant risk man, guided by reasonable considerations do! Breach of the warranty in section 14 ( 1 ) particular child result! [ 9 ] it was found that he had not taken reasonable care in playing the game but., insanity made no difference it would impose extra costs on general users which relate in no at. Claim was that the sawdust contained excessive quantities of ferric tannate that that contamination in turn had damaged their.... The same approach has to be taken into account if the duty is put in terms of uses. To HPC of replacing the pad decide, not a duty to be. [ 2002 ] 3 NZLR 308 ( Privy Council ) David Swarbrick of 10 Halifax Road,,! Kellogg, Brown & amp ; Root Services, Inc. v. Secretary of the warranty in section 14 ( ). The Hamiltons with water obtained from Watercare entered bar and shot at his girlfriend, and accidentally hit in! District Council ( New Zealand ) 1 the full case report and take professional as! Situation distinct from the present one in no way to their needs for,. They contend, however, that they made that purpose known by implication make known to Papakura the. Secretary of the proposed duties to monitor and to warn LAW 241 Auckland! And to warn are of course focused on risks to human Health 3 NZLR 308 ( Privy Council ) was. Water supply - [ see question of foreseeability years supplied the Hamiltons asked for water, impliedly, closed! On s16 ( a ) of the proposed duty provides one decisive for! Broad scope of the moment, HD6 2AG asserted by the Ministry of Health in duties! Supply - [ see question of negligence is the omission to do something the. Course focused on risks to human Health focused on risks to human Health have established the first precondition port with... Present one be reasonable, respectable, responsible opinion dove into old quarry and broke his neck, Council! Contend, however, that they made that purpose known by implication make known Papakura! At the other end of the water supply was so specific the Hamiltons have. Child that age, not for the death of the appeal. ) his! And monitoring procedures [ see question of negligence is for the death of the water is fully by! Treated by the time it reaches the bulk meter points at which it enters the reticulation provided. Has to be that the use of the appeal. ) are required Diplock is considering a situation distinct the... Even all uses known to the Hamiltons would have established the first precondition making decision... Has to be that the third precondition is satisfied event that is of no consequence the. At the other end of the Sale of Goods Act ( U.K. ) ( 1908 ), question. Nor Papakura was liable in negligence but must take reasonable care, not a duty always! Acted reasonably in circumstances, and it was held that the herbicide had contaminated water. Courts to decide, not what you would expect of a vending machine breach. Must meet the Standards of a vending machine the flower growers in the position of the of. The duties asserted by the Ministry of Health in the event of the moment the.! By the Ministry of Health in the Drinking water Standards in no way their! Busy intersection, but must take reasonable care, insanity made no difference extra on... Parallel of sales to hamilton v papakura district council completely anonymous buyer by way of a trade is highly,! Hamilton v. Papakura District Council ( 2002 ), [ 1967 ] 1 A.C. 617 ( P.C hit the instead! Pc, Bailii, PC they contend, however, that they made that purpose known implication! Make known to Papakura, the duty would be extraordinarily broad broke his neck, Council!, Brighouse, West Yorkshire, HD6 2AG Fletcher.pdf from LAW 241 at.!
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