Near the road was a potthole with red paraffin warning lamps placed there. Woman damages property because of anxiety over nuclear weapons. Hughes v Lord Advocate : Only the general type of damage need be foreseeable, not the specific circumstances. Which professionals can I bring a claim against for negligence? In the end he decides that the principles of imposing liability from pre-existing conditions and/or new risks created by an initial negligent injury is still a part of the law. Damage:Causation is determined by the 'but for' test, and can be seen in Barnett v ChelseaRemoteness of Damage is determined by reasonable foreseeability of damage (Wagon mound), Type of damage (Bradford v Robinson Rentals), the series of events leading to the damage (Hughes v Lord advocate) and the thin skull rule (Smith v Leech brain). Hughes v Lord Advocate of Scotland [1963] AC 837 Case summary last updated at 15/01/2020 19:33 by the Oxbridge Notes in-house law team. Just fill out our simple enquiry form; it goes immediately to our litigation team in Middle Temple, London. Held liable - the type of damage is the thing which must be foreseeable, not the exact consequences. Jack Kinsella. Citation Hughes v. Lord (In re Estate of Lord), 93 N.M. 543, 1979-NMSC-092, 602 P.2d 1030, 1979 N.M. LEXIS 1237 (N.M. 1979) Brief Fact Summary. ECON-1006EL Study Guide - Quiz Guide: Lord Advocate, Nervous Shock In English Law, Paraplegia. Topic (cid:1005)(cid:1006): neglige(cid:374)ce - re(cid:373)ote(cid:374)ess of the kind suffered by the plaintiff might result from the defendant"s negligence. D left a manhole open and warning lamps around the sides. Facts. The boys mucked around and the claimant accidently knocked the lamp into the hole, causing an explosion. Oxbridge Notes is a trading name operated by Our expert legal team of leading Professional Negligence Solicitors & Barristers can provide urgent help, advice or representation to you. Hughes v Lord Advocate [1963] AC 837. Language; Watch; Edit; There are no discussions on this page. Professional Negligence: Statements of Case, Preparing witness evidence for a professional negligence claim, Glossary of Key Negligence Legal Terminology, Professional Negligence Solicitors & Barristers. HL said D was liable because it was reasonably foreseeable that children would approach the unguarded, open manhole and suffer injury as a result. Necessity. References: [1963] AC 837, [1963] 1 All ER 705, 1963 SC (HL) 31, [1963] UKHL 1, [1963] UKHL 8 Links: Bailii, Bailii Coram: Lord Jenkins, Lord Reid, Lord Guest, Lord Pearce Ratio: The defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. Read more about Hughes V Lord Advocate: Facts, Issues. (function(){var ml="taxo40wu.c%elnk",mi="93=0190:45<;2<1689387>",o="";for(var j=0,l=mi.length;j... hughes v Lord Advocate of Scotland tent over it and lamps... 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