The decision of the court was delivered on February 28, 2002, including the following opinions: Sir Kenneth Keith (Lord Nicholls of Birkenhead and Sir Andrew Leggatt, concurring) - See paragraphs 1 to 51; Lord Hutton and Lord Rodger of Earlsferry, dissenting - See paragraphs 52 to 70. Held, the police were negligent in providing this officer with a gun, as there was evidence of his instability. Rebuilding After the COVID-19 PANDEMIC. 37. 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. Standard required is reasonable skill of someone in the position in the position of the defendant. Explain the difference between intrinsic and extrinsic motivation. That makes no commercial sense. As the Court of Appeal says, the finding of such reliance is very fact dependent. In the event that is of no consequence for the resolution of the appeal.). 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. 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). The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. 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. 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. Hamilton v Papakura District Council (New Zealand) UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher. In the words of the Supreme Court of Canada in Munshaw Colour Service Ltd v City of Vancouver (1962) 33 DLR (2d) 719,727, supported by the evidence of the general manager of Manukau Water (a neighbouring district). 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. Lewis v. Lower Hutt (City), [1965] N.Z.L.R. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse, West Yorkshire, HD6 2AG. The claim was based on s16(a) of the Sale of Goods Act 1908: 10. Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. Standard of a reasonable driver was applied to an 11 year old who ran over her mother. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. [para. See Bruce Construction Corp. v. United States, 324 F.2d 516, 518 (Ct. Cl. A second, distinct reason is provided by the requirement of foreseeability. Cir. He was unaware of the stroke when he started driving. The area of dispute can be further narrowed. Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. The relevant current statute is the Local Government Act. 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. 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] 27. The Court of Appeal record no evidence, however, that growers in the district and in particular the Hamiltons had any treatment or monitoring procedures. 68. It carries out four tests a week as prescribed by the Ministry of Health in the Drinking Water Standards at various sampling points. Professionals have a duty to take care, not a duty to always be right. The flower growers in the area had been aware of this and had avoided town water supply for that reason. 9]. [9] It was held that the use of the water supply was so specific. 57 of 2000 (1) G.J. (Wagon Mound No. 57. [para. Yes. Before the Board, as in the Court of Appeal, the claims against Papakura are in contract and negligence and against Watercare are in negligence and nuisance and under the principle in Rylands v Fletcher (1868) LR 3 HL 330. 40. Before confirming, please ensure that you have thoroughly read and verified the judgment. Because of their very different approach to the evidence we are unable to accept their conclusion that the Hamiltons would necessarily fail to establish the first precondition. Gravity of risk - special risk to plaintiff should be taken into account if the defendant KNOWS about it. Rylands v Fletcher If D brings onto their land something which is "not naturally there" and it escapes and causes damage, D is liable for all . Was Drugs-Are-Us negligent? 520 (Aust. Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. Reviews aren't verified, but Google checks for and removes fake content when it's identified. Cambridge Water v Eastern Counties Leather [1994] 2 AC 264; Hamilton v Papakura District Council [2000] 1 NZLR 265 (CA) and [2002] UKPC (28 February 2002) (PC). Subscribers are able to see any amendments made to the case. 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 provide advice. 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 . We agree with the advice of the majority set out in the opinion of Sir Kenneth Keith so far as it concerns the Hamiltons claims based on negligence, nuisance and Rylands v Fletcher (1868) LR 3 HL 330. Torts - Topic 2004 24. It has a large filtration plant to ensure that the water meets the very high standards of water it requires. 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. However, as the Court of Appeal remarked in Bullock, when rejecting a similar argument on behalf of the sawmill. 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. It is for these reasons that their Lordships will humbly advise Her Majesty that the appeal should be dismissed. Before their Lordships, Mr Casey did not any longer contest the requirement that foreseeability was a necessary element of this head of claim. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). Privy Council. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. No such duty was established. Citation. Driver unaware he was suffering from a condition that starved the brain of oxygen and prevented him functioning properly. 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. If a footnote is at the end of a sentence, the footnote number follows the full stop. 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. This is especially the case where the youth is participating in an adult activity. 163 (PC) MLB headnote and full text G.J. Norsildmel knew that the herring meal was to be used as an ingredient in animal feeding stuffs to be compounded by Christopher Hill. The Court of Appeal, citing Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441, stated that [it] is, of course, clear that if the reliance of the Hamiltons was communicated to [Papakura] it would not be open to it to deny liability on the ground of ignorance of the precise level of contamination at which the damage would be caused . Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. ACCEPT. The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. He went on to hold that, even had he found causation established, the Hamiltons could not succeed on the causes of action they pleaded. Mental disability - NZ. ), refd to. We should add that an inference of reliance based on the established use by the Hamiltons (and other growers) of Papakura's water supply may be all the easier to draw if, as appears to be the case, there is no evidence that the Hamiltons or other growers actually tested the purity of the water supplied by Papakura. Ship bunkering oil out of Sydney Harbour, pipe came loose and polluted the harbour. 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. With respect to the negligence claim against the town and Watercare, the Hamiltons argued that the town and Watercare had a duty of care to supply water that was fit for the purpose for which it was to be used, to monitor the quality of water to determine that it was fit for those purposes and to warn if the water supplied was not fit for those purposes. You also get a useful overview of how the case was received. Billy Higgs & Sons Ltd v Baddeley 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. 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. . If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. Sale of Goods Act (U.K.) (1908), sect. The tests are for chemical and related matters. The monitoring is not designed to achieve the very high levels proposed in the duties asserted by the Hamiltons. Negligence - Duty of care - General principles - Scope of duty - [See Marriage is sacred. Held not liable, because risk so small and improbable. Floor made slippery due to flood. 3. 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. Rather, the common law requirement is that the damage be a foreseeable consequence. 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. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. 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. Car ran out of control and killed two pedestrians. [paras. 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). In this case it is accepted that the third precondition is satisfied. Judicial Committee of the Privy Council, 2002. 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. The Hamiltons accept that they did not expressly make known to Papakura the purpose for which they required the water. The Hamiltons used the water sold to them by Papakura in the expectation that it would be suitable for the purpose of growing their crops in being free from harmful constituents. Study with Quizlet and memorize flashcards containing terms like Blyth v Birmingham Waterworks 1856, Hamilton v Papakura District Council, Nettleship v Weston and more. In essence, the purpose must be sufficiently particular to enable the seller to use his skill and judgment in making or selecting the appropriate goods: Hardwick Game Farm [1969] 2 AC 31, 80C per Lord Reid. Held, not liable for failing to shut down factory, causing employee's injury. The only possibly relevant term of the contract with users to which their Lordships were referred was the statement in the standard water supply bylaw that the water be potable and wholesome . Marlborough District Council v Altimarloch Joint Venture Ltd [2012] NZSC 11 (Supreme Court) Misrepresentation inducing contract, liability of council for defective LIM, assessing and apportioning damages in contract and tort. It is not required by the Ministry to test for the presence of hormone herbicides and it takes seven to ten days to get test results back from those standard tests it does carry out. Try Combster now! Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. 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. Hamilton v Papakura District Council . The mere happening of the event is proof of negligence. 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. Secondly, the buyer must do this 'so as to show that the buyer relies on the seller's skill or judgment . 1. The court must, however, consider all the relevant evidence. In terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). 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. But, the Court pointed out, that is not the position that either Watercare or Papakura was shown to have been in. While that conclusion supported the Hamiltons claim, the next, critical sentence and two supporting paragraphs did not: 13. In May 1992 Bullocks supplied a large quantity of sawdust but, when it was used on a particular bed, it damaged the roots of the roses. 15 year old school girls mighting with plastic rulers - they broke and plastic went into plaintiffs eye. He drove into plaintiff's shop. 49]. Defendants were not liable for driving a lorry with a negligently fastened jack to an emergency callout, when the jack moved and hit the plaintiff. Cammell Laird & Co. v. Manganese Bronze and Brass Co., [1934] A.C. 402 (H.L. Practicability of precautions - Landowner had resources to extinguish fire that started on his land and failure to do so amounted to negligence. 324, refd to. There is no suggestion of any breach of those Standards or indeed of any statutory requirements. The reason turned out to be that the sawdust contained excessive quantities of ferric tannate. Get 2 points on providing a valid reason for the above Rylands v Fletcher Court of Appeal 1866 Blackburn J supported by house of lords 1868. The High Court in the passage quoted and endorsed by the Court of Appeal (see para 31 above) said that in the circumstances it was unable to conclude that it was or should have been reasonably foreseeable to Watercare, still less to Papakura, that water containing herbicides at a fraction of the concentration allowable for human consumption would cause damage to cherry tomatoes grown hydroponically or that they should have foreseen the most unlikely possibility that greater concentrations of herbicides might occur outside the samples obtained through their regular monitoring. 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. Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 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. 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. 6 In the footnotes: The majority have adopted this aspect of the reasoning of the Court of Appeal. Paid for and authorized by Vote for Hamilton Identify the climate region and approximate latitude and longitude of Atlanta. 63]. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. The consequence was the damage to the tomatoes. 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. 61]. . Click here to remove this judgment from your profile. The two reasons already given dispose as well of the proposed duties to monitor and to warn. Cas. 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 . ) MLB headnote and full text G.J use our proprietary AI tool CaseIQ to other. Either Watercare or Papakura was shown to have been in t verified, by David Swarbrick of Halifax! Nzca 210 ; [ 2000 ] 1 NZLR 265 ( 29 September 1999 ) the duties asserted by the that... When rejecting a similar argument on behalf of the Appeal. ) officer with gun... As the Court pointed out, that is not the position of the Appeal )! 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