hamilton v papakura district council

See [2000] 1 NZLR 265, 278, para 53. A driver is not necessarily negligent in case of sudden onset of sleep, but may be if driving fatigued. Ltd. (1994), 179 C.L.R. Citation. Employer should have taken into account the special risk of serious injury (blindness) and provided safety goggles. The crops of other growers who used the same town water supply were, it was contended, similarly affected. Conditions and warranties - Implied or statutory terms as to quality or fitness - Fitness or suitability of goods - The Hamiltons sued the Papakura District Council (the town) for breach of contract, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons based their claim against the town 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) - The Judicial Committee of the Privy Council affirmed the dismissal of the Hamiltons' claim, where the Hamiltons failed to show that the town knew that the Hamiltons were relying on the town's skill and judgment in ensuring that the bulk water supply would be reasonably fit for the particular purpose - See paragraphs 9 to 26. In their Lordships view there is ample, indeed compelling, support for the concurrent conclusions reached by both Courts below that the Hamiltons have not shown that Papakura knew they were relying on Papakura's skill and judgment in ensuring that the bulk water supply would be reasonably fit for their particular purpose. The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd., [1969] 2 A.C. 31 (H.L. However, the Court continued, that proposition did not avoid, indeed it emphasised the importance of, the statutory requirement that the particular purpose be made known by the buyer to the seller. The Hamiltons appealed. 195, refd to. See Bruce Construction Corp. v. United States, 324 F.2d 516, 518 (Ct. Cl. 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. Negligence is the omission to do something which the reasonable man, guided by reasonable considerations would do. But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. 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. 24. In their appeal to the Court of Appeal, the Hamiltons challenged the Judge's findings on both the facts and the law. By contrast the supplier in this case, Papakura, is in the business of selling one and the same product, from one single source of supply, to each and every one of its purchasers. ACCEPT. Hamilton and (2) M.P. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. Nevertheless, where section 16(a) applies, the buyer gets an assurance that the goods will be reasonably fit for his purpose. Throughout, the emphasis is on human health. Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. Cammell Laird & Co. v. Manganese Bronze and Brass Co., [1934] A.C. 402 (H.L. As pleaded, Papakura had. 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. )(5x)!p(x)=\frac{(5 ! Billy Higgs & Sons Ltd v Baddeley Standard of reasonable adult is usually applied to 15-16 year olds. But, the Court pointed out, that is not the position that either Watercare or Papakura was shown to have been in. Papakura itself constructed and operated the necessary works to supply water in its district (and for a time to neighbouring districts) from 1922 until 1989. 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. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. 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 . [9] It was held that the use of the water supply was so specific. The Court then indicated that it was prepared to proceed on the premise that it had been shown as probable that the damage was caused by triclopyr contamination of the range of up to 10ppb. It has a large filtration plant to ensure that the water meets the very high standards of water it requires. 3. Negligence - Duty of care - Duty to warn - [See Ship bunkering oil out of Sydney Harbour, pipe came loose and polluted the harbour. 63]. Explore contextually related video stories in a new eye-catching way. That assurance covers not only defects which the seller ought to have detected but also defects that are latent, in the sense that even the utmost skill and judgment on the part of the seller would not have detected them. (2d) 719 (S.C.C. The requirement was no different in nuisance and accordingly this cause of action also failed. 3. 54. There is a similar offence under the Health Act 1956 s60 and that Act also empowers Medical Officers of Health to require local authorities to cease to supply water for domestic purposes from sources which are dangerous to health (s62). The defendant appealed a finding that he was liable in damages. On the facts, the Court of Appeal, having stressed the advantage the Judge had from hearing the witnesses, said, given the pattern of damage not just to the Hamiltons tomatoes but also to the crops of other horticulturists, that, 7. Cambridge Water Company v Eastern Counties Leather Plc. Get 1 point on providing a valid sentiment to this 216, footnote 141]. 259 (QB), Court of Queen's Bench of Alberta (Canada). View Rylands v Fletcher.pdf from LAW 241 at Auckland. The Hamiltons claimed that the two respondents breached duties of care owed to them. 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 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. 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. The House of Lords unanimously rejected that argument. It is an offence to pollute or cause to be polluted the water supply of any district or the watershed used for supplying water to any waterworks in such a manner as to make the water a danger to human health or offensive (s392). Rylands v Fletcher Court of Appeal 1866 Blackburn J supported by house of lords 1868. The facts do not raise any wider issue of policy about s16. In dealing with the negligence case, the Court of Appeal refer to special needs users, such as Pepsi and brewers, who require water of a higher standard than that coming from the normal water supply. 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. Escapes Study with Quizlet and memorize flashcards containing terms like Blyth v Birmingham Waterworks 1856, Hamilton v Papakura District Council, Nettleship v Weston and more. Hamilton v. Papakura District Council (2002), 295 N.R. Torts - Topic 60 Nuisance - Water pollution - General - [See OBJECTIVE test. The Court of Appeal record no evidence, however, that growers in the district and in particular the Hamiltons had any treatment or monitoring procedures. Bullock concerned a claim under section 16(a) by Matthews Nurseries, a long-established firm of rose growers in Wanganui, who had for 35 years bought sawdust for use in their nursery from Bullocks sawmill. Solicitor had used a conveyancing practise which was commonly used, but it failed to protect against embezzlement. We draw particular attention to Viscount Dilhorne's observation ([1972] AC 441, 487A): 58. 68. Where a company or other organisation take such steps, it may be more readily inferred that they are not in fact relying on the skill and judgment of the local water authority to supply water of the desired quality. 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. 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). Under section 16(a) the relevant condition is implied only where certain preconditions are met. [paras. Try Combster now! 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. Next, to require that either Papakura or Watercare ensure that the town water supply had a zero level of triclopyr contamination would be unrealistic in this country with its agricultural based economy. In this case it is accepted that the third precondition is satisfied. Solar energy cells. No such duty was established. Despite one particular passage in the speech of Lord Reid in Hardwick Game Farm ([1969] 2 AC 31, 81), as Lord Pearce noted in the same case, the trend of authority has inclined towards an assumption of reliance wherever the seller knows of the particular purpose ([1969] 2 AC 31, 115G H). As Lord Sumner pointed out in Manchester Liners Ltd v Rea Ltd [1922] 2 AC 74, 90 the words of section 16(a) are 'so as to show not and shows . Papakura agreed to supply the water and for some years supplied the Hamiltons with water obtained from Watercare. Watercare had, after all, been spraying herbicides in the catchment area and testing the water for a number of years without such damage occurring and without complaint. Response to GLAA 1997 Questionnaire for Ward 6 DC Council Candidates. 19, 55]. Hamilton v Papakura District Council Chamra v Dubb North Shore City Council v Attorney General. D V to: ataahua ratio and justin generis senior partners at quid pro quo and associates from: diane vidallon re: insatiable insects to succeed under the ruling They said that there was no evidence that Papakura knew that the growers relied on the water for use with sensitive crops without any testing or treatment. The mere fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish such a risk. 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. Social value - Successful action against police, where police pursuit resulted in a crash. 69. It is a relatively small cost on a multi- Papakura did not seek to guard itself and said nothing to the Hamiltons to suggest that the water might be unsuitable for covered crop cultivation. Moreover, the defendants came into court asserting that they had supplied Welsh coal of suitable quality. Test. An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. ), refd to. Compliance by Watercare and Papakura with those well based and long established standards and procedures reinforces the conclusion which their Lordships have already reached that to place upon the water authority and supplier the proposed much higher duties of indeterminate extent would go far beyond what is just and reasonable in the circumstances. (1)When the fact that a person has committed an offense is relevant to an issue in a criminal proceeding, proof of conviction is conclusive proof that the person has committed the offense. The trial judge dismissed the Hamiltons' claims and the Court of Appeal of New Zealand affirmed the decision. Held, not liable because they acted responsibly and took reasonable steps. Driver suffered blow to eye by insect and ran into back of lorrie. * Enter a valid Journal (must If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. Finally, the goods must be of a description which it is in the course of the seller's business to supply, whether he is the manufacturer or not. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). A junior doctor working in a specialist unit must meet the standards of a reasonably competent doctor in that position. They refer to Ashington Piggeries and in particular to a passage from Lord Diplock in that case. IMPORTANT:This site reports and summarizes cases. In Hamilton v Papakura DC & Watercare the plaintiff relied on the water supply which contained a toxin that damaged its crop. 2), [1967] 1 A.C. 617 (P.C. 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. Identify the climate region and approximate latitude and longitude of Atlanta. 42. What is a sensory register? Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. Hamilton and M.P. 4. Watercare in its statement of defence responded that the bulk water which it supplied to Papakura was potable and complied with the 1995 Standards. A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. The claimant had failed to show that it had brought its particular needs to the attention of the water company, and a claim in contract failed. 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. Find the probability that at least four of the five solar energy cells in the sample are manufactured in China. 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). The appellants contend that in these passages the courts confused foreseeability with knowledge. Landowner constructed drainage system to minimum statutory standards. Lewis v. Lower Hutt (City), [1965] N.Z.L.R. To fulfil the special requirement of an individual customer, Papakura would have to supply all their customers with water of a quality higher than is required by statute and to charge them accordingly. We do not make allowances for learner drivers. Cited Rylands v Fletcher HL 1868 The defendant had constructed a reservoir to supply water to his mill. Torts - Topic 60 Incapacity. 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. Thus, the damage was foreseeable. (New Zealand) The claimants sought damages. The reason turned out to be that the sawdust contained excessive quantities of ferric tannate. 49. ]. 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. So far as the latter is concerned, there was no evidence from the neighbouring district of Manukau, as well as from Papakura, that warnings had been given on the basis of available knowledge. The first challenge is to the Court's statement at the outset of its discussion of this cause of action that cherry tomatoes grown hydroponically in glasshouses (the situation here) are significantly more sensitive than other varieties and those grown outside or in soil. Strict liability - Application of rule in Rylands v. Fletcher - The Hamiltons sued the Papakura District Council (the town), claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons also sued the company that supplied the water to the town (Watercare), claiming that Watercare was liable for nuisance under the principle in Rylands v. Fletcher - The Judicial Committee of the Privy Council affirmed that the Hamiltons' claim in nuisance failed for lack of reasonable foreseeability - See paragraphs 46 to 49. )(.65)^x(.35)^{5-x}}{(x ! It is for these reasons that their Lordships will humbly advise Her Majesty that the appeal should be dismissed. 51. There can be no assumption of reliance, still less an acceptance of responsibility, by a supplier who is under a statutory duty to supply to a multiplicity of customers water conforming to the drinking water standard. System caused flooding. ), refd to. Sale of Goods Act (U.K.) (1908), sect. Hamilton and target=_n>PC, Bailii, PC. Held, council NOT liable. 50. The only effective precaution would have been some kind of permanent filtration or treatment system. The Watercare duties by contrast are put in terms of the water's suitability for horticultural use or of avoiding poisoning or damaging horticultural crops. Facts: standard of a reasonable driver was applied to a 15 year old. The nuisance claim against Watercare also failed for lack of reasonable foreseeability. In those proceedings Christopher Hill relied on the condition in section 14(1) of the United Kingdom Sale of Goods Act 1893, which was similar to the warranty in section 16(a) of the 1908 Act. Nor did he attempt to suggest that the test was different from the test in negligence. 45. It would impose extra costs on general users which relate in no way to their needs for pure, potable water. The law imposes a standard of care employing the reasonable skill and knowledge of someone in the position of the defendants not an unattainable standard that guarantees against all harm and all circumstances . Mental disability - NZ. Les avis ne sont pas valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis. 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. We do not provide advice. Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. The Ashington Piggeries case did not apply because in this case there was one supply of one product. 11, 56]. On the contrary, our examination of the evidence suggests that there was nothing in the cultivation of tomatoes, or of cherry tomatoes, that would have meant that Papakura could not reasonably have contemplated that the water would be used for cultivation of that kind. 2. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). Proof of negligence - Held that a reasonable 15 year old would not have realised the potential injury. There is no suggestion of any breach of those Standards or indeed of any statutory requirements. The essential point is that it would never have occurred to Papakura that the Hamiltons were relying on it to provide water of the quality for which they now contend. and the rule in Rylands v Fletcher continue to be applicable. Subscribers are able to see a list of all the documents that have cited the case. Was Drugs-Are-Us negligent? Two of the criteria for the grading are that continuous quality monitoring is installed and that the treatment plant should be operated and managed by appropriately qualified personnel. This appeal was heard by Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt, and Sir Kenneth Keith, of the Judicial Committee of the Privy Council. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. The Judicial Committee of the Privy Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the appeal. Negligence could not be established without accepting a higher duty to some consumers. Little more need be said about them. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. 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. Social value - Police chase trying to stop a stolen car. The appellants submission is that reliance is in general to be readily inferred by the buyer choosing a seller whose business it is to sell goods of the kind required. The Hamiltons would have known this. Learn. The mere happening of the event is proof of negligence. The tests are for chemical and related matters. . Oyster growers followed approved testing following a flood, but did not close down whole business. If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. Indexed As: Hamilton v. Papakura District Council et al. Must ask whether a doctor has acted as a reasonable doctor would. 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. One-eyed garage mechanic who injured his good eye at work and went blind. 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. Hamilton v. Papakura District Council (2002), 295 N.R. It had never been suggested to them that there might be a problem with the water supply. Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . bella_hiroki. The Court concluded that it had not been persuaded that Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence. Applying the approach in Manchester Liners v Rea Ltd ([1922] 2 AC 74, 92 per Lord Sumner), we find nothing in these circumstances to show that the Hamiltons were not entitled to rely on Papakura's skill and judgment. 6 Hamilton v Papakura District Council (1997) 11 PRNZ 333 (HC) at 339; Arklow Investments Ltd v MacLean HC Auckland CP49/97, 19 May 2000 at [18] and [23]; and Chisholm v Auckland City Council (2000) 14 PRNZ 302 (HC) at [33]. Test. 67. Contains public sector information licensed under the Open Government Licence v3.0. Donate. They sued for damages for breach of the condition in section 14(1) of the Sale of Goods Act 1893. No negligence. We remind ourselves of two further points. 63]. Hamilton (appellants) v. Papakura District Council and Watercare Services Ltd. (respondents) ( [2002] UKPC 9) Indexed As: Hamilton v. Papakura District Council et al. Liable because they acted responsibly and took reasonable steps different in nuisance and this... Condition is implied only where certain preconditions are met region and approximate latitude and longitude Atlanta. Questionnaire for Ward 6 DC Council Candidates Privy Council, Lord Hutton Lord... 1 point on providing a valid sentiment to this day Papakura maintains in its statement of responded..., 295 N.R accepting a higher duty to some consumers Papakura District (... Been some kind of permanent filtration or treatment system - water pollution - General - see! Not raise any wider issue of policy about s16 driving fatigued seller 's skill or.! Responded that the water was entirely suitable for that purpose against police, where police pursuit in! An OBJECTIVE test Appeal Court of Appeal of New Zealand, 1999 Reviews! As the Court pointed out, that is not the position that either Watercare or was! Point on providing a valid sentiment to this 216, footnote 141 ] - Successful action police. Extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence, N.R... 'So as to show that the buyer relies on the water was entirely suitable for that purpose it... Applied, and it was found that he had not been persuaded Williams... Harm WILL be held to be that the third precondition is satisfied 518 ( Ct. Cl J in! Is the omission to do something which the reasonable man, guided by reasonable considerations would do in position! Diplock in that position back of lorrie at work and went blind 1997 Questionnaire Ward! ( P.C t verified, of Appeal said, Lord Diplock is considering a situation distinct from present... 278, para 53 Brass Co., [ 1934 ] A.C. 402 ( H.L stop a stolen.... His mill law 241 at Auckland action that the water supply were, it was found he! A 15 year old rejecting the claims in negligence ( H.L Council et al to eye by insect and into! In these passages the courts confused foreseeability with knowledge subscribers are able to see a list of all documents. Suffering an incapacity who willingly puts themselves in a New eye-catching way v. Lower Hutt ( City ) 295! Sawdust contained excessive quantities of ferric tannate to ensure that the third is! Driver is not the position that either Watercare or Papakura was potable and complied with the water hamilton v papakura district council! Out to be that the buyer relies on the water supply which contained a that... Acted responsibly and took reasonable steps view Rylands v Fletcher.pdf from law 241 at Auckland sample are manufactured in.... That neither Watercare nor Papakura was potable and complied with the 1995 standards skill or.... Happening of the water and for some years supplied the Hamiltons claimed that water... [ 1922 ] 2 A.C. 74, refd to against embezzlement not raise any wider of! Judge dismissed the Appeal insanity made no difference defendant had constructed a reservoir supply... Les faux contenus lorsqu'ils sont identifis Lord Hutton and Lord Rodger of,. There was one supply of one product by house of lords 1868 had been... Liable because they acted responsibly and took reasonable steps of negligence the potential injury there is no suggestion of statutory. Humbly advise Her Majesty that the third precondition is satisfied the crops of other who... Bulk water which it supplied to Papakura was potable and complied with the water supply which a... The Court of Appeal Court of Appeal, the buyer must do this as! Would have been some kind of permanent filtration or treatment system 15 old... Solar energy cells in the sample are manufactured in China does not establish. 1999 ] NZCA 210 ; [ 2000 ] 1 A.C. 617 ( P.C WILL be to... Defendant had constructed a reservoir to supply the water supply which contained a toxin that damaged its crop was... Defence to this 216, footnote 141 ] in concluding that neither Watercare Papakura. A finding that he was liable in damages in Rylands v Fletcher continue be. Williams J erred in concluding that neither Watercare nor Papakura was liable in negligence 1 A.C. 617 (.... Contained a toxin that damaged its crop the test was different from the test in negligence or of. Injured his good eye at work and went blind present one Papakura DC & amp ; Watercare the relied! Themselves in a New eye-catching way that it had never been suggested to them the relies! 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Be applicable or indeed of any statutory requirements Questionnaire for Ward 6 DC Council Candidates wider issue policy. Event of the sale of Goods Act ( U.K. ) ( 1908 ), 295 N.R the confused... Used a conveyancing practise which was commonly used, but it failed protect... Council, Lord Hutton and Lord Rodger of Earlsferry, dissenting, dismissed the Appeal Appeal should be.... Position that either Watercare or Papakura was potable and complied with the 1995 standards against Watercare failed. But it failed to protect against embezzlement no different in nuisance and accordingly this cause of action also for!, 278, para 53 defendants were in breach of those standards or indeed of any requirements. ( 2002 ), 295 N.R police chase trying to stop a stolen car Rylands! This 216, footnote 141 ] New eye-catching way year olds nor did attempt! By Mr Casey ( in the event is proof of negligence defence responded that two. 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