The question of negligence is for the COURTS to decide, NOT for the profession in question. Water supply in the wider Auckland area then became the responsibility of the Auckland Regional Council which, in 1992, established Watercare and transferred its water and waste water undertaking to it. VLEX uses login cookies to provide you with a better browsing experience. 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. 25. )(.65)^x(.35)^{5-x}}{(x ! 68. The facts do not raise any wider issue of policy about s16. Negligence - Causation - Foreseeability - The Hamiltons sued the Papakura District Council (the town) and its water supplier, Watercare, for negligence, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - 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 - The Judicial Committee of the Privy Council dismissed the Hamiltons' negligence claim where the proposed duties were extraordinarily broad in scope and would go far beyond what was just and reasonable in the circumstances - Further, there was a lack of reasonable foreseeability - See paragraphs 27 to 45. Flashcards. Les avis ne sont pas valids, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifis. It had never been suggested to them that there might be a problem with the water supply. The monitoring is not designed to achieve the very high levels proposed in the duties asserted by the Hamiltons. An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. Citation. In terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). How convincing is this evidence? 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. See [2000] 1 NZLR 265, 278, para 53. Please log in or sign up for a free trial to access this feature. That range was to be contrasted with 100ppb, the maximum amount of triclopyr allowed under the 1995 New Zealand Drinking Water Standards. 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. [para. 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. 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). As the Court of Appeal says, the finding of such reliance is very fact dependent. Negligence is the omission to do something which the reasonable man, guided by reasonable considerations would do. We apply the standard of the reasonable driver to learners. A second, distinct reason is provided by the requirement of foreseeability. The court must, however, consider all the relevant evidence. The Court continued: 33. (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. 24. Held that he would not be liable if he had no control while driving, but he would be if he retained some control. A lawyer may be liable for breach of duty if you can prove that they did not act as a reasonable barrister would have (concerned the acceptance of a settlement). (Wagon Mound No. Hamilton v. Papakura District Council (2002), 295 N.R. New Zealand. Breach of duty. 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. The plants were particularly sensitive to such chemicals. Created by. . Mental disability (Canada) - Driver crashed into lorry whilst suffering severe delusion that the car was under remote control. Its objective, it says, is to provide water fit for human consumption in accordance with the Drinking Water Standards. 44. However, as the Court of Appeal remarked in Bullock, when rejecting a similar argument on behalf of the sawmill. The requirement was no different in nuisance and accordingly this cause of action also failed. 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. They now appeal to Her Majesty in Council. 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. 61]. They had agreed to supply coal for the plaintiffs vessel, the Manchester Importer, at a time when coal supplies were controlled. Finally, in its discussion of the cases, the Court mentioned the difficult issues which may arise where a broad purpose is specified and the goods are suitable for some uses within that purpose and not others. Torts - Topic 2004 Tort 3 :Negligence: duty of care and breach o, Torts - Negligence (Prima Facie Case), Duty o, Fundamentals of Financial Management, Concise Edition, Calculus for Business, Economics, Life Sciences and Social Sciences, Karl E. Byleen, Michael R. Ziegler, Michae Ziegler, Raymond A. Barnett, Anderson's Business Law and the Legal Environment, Comprehensive Volume, David Twomey, Marianne Jennings, Stephanie Greene. 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. Learn. Held, negligence. 301 (H.L. Papakura agreed to supply the water and for some years supplied the Hamiltons with water obtained from Watercare. Papakura's monitoring procedures have already been briefly mentioned (para 22). Paid for and authorized by Vote for Hamilton The only effective precaution would have been some kind of permanent filtration or treatment system. 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. He was unaware of the stroke when he started driving. 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. As mentioned in the non-contentious issues there is no evidence of negligence of the factory's part. The service to Papakura is set to cost $12.20 one way for passengers from Hamilton. Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. It has no ability to add anything to, or subtract anything from, the water at that point. 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 . 163 (PC), G.J. 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. The claims against the town and Watercare failed because the duties proposed by the Hamiltons were too broad and there was a lack of reasonable foreseeability. 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. DISSENTING JUDGMENT DELIVERED BY LORD HUTTON AND. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. Council supplied water to minimum statutory standards. 2), [1967] 1 A.C. 617 (P.C. 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. Children. Escapes 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. If the cockroaches escaped , it is fairly obvious that they would cause damage . The Honourable Justice Chambers states; "The moment one states that as a proposition, one realises that it is absurd to continue talking about . 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. We do not provide advice. 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. Subscribers are able to see any amendments made to the case. Held breach of duty. The majority have adopted this aspect of the reasoning of the Court of Appeal. 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. Employer should have taken into account the special risk of serious injury (blindness) and provided safety goggles. But not if the incapacity inflicts itself suddenly. The Court of Appeal stated its conclusion about the negligence causes for actions against both defendants in this way: 31. * Enter a valid Journal (must Hamilton v. Papakura District Council, [2000] 1 N.Z.L.R. The Hamiltons appealed. [9] It was held that the use of the water supply was so specific. Social value - Police chase trying to stop a stolen car. 66. Negligence - Duty of care - Duty to warn - [See See Bruce Construction Corp. v. United States, 324 F.2d 516, 518 (Ct. Cl. 53. 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. Standard of a reasonable driver was applied to an 11 year old who ran over her mother. Autex Industries Ltd v Auckland City Council. c. What evidence suggest that short-term memory is limited to a few items? Held that risk of flooding was too great to comply only to the minimum standards, they should have gone further. 35. Cited Rylands v Fletcher HL 1868 The defendant had constructed a reservoir to supply water to his mill. Question of foreseeability. An error of judgment is not necessarily negligent. 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. 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. No clear authority on mental disability in NZ, but this case is more consistent with the English and Canadian approaches, which is less strict, and there is no negligence if the defendant was not CAPABLE of taking care. H.C.), refd to. 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. Why is this claim significant? The simple fact is that it did not undertake that liability. Mental disability - NZ. The trial judge dismissed the Hamiltons' claims and the Court of Appeal of New Zealand affirmed the decision. 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 . 11. 36. 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. 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. Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. See Cammell Laird & Co v Manganese Bronze and Brass Co Ltd [1934] AC 402, 427 per Lord Wright and Ashington Piggeries [1972] AC 441, 468H 469A per Lord Hodson and 490A B per Lord Wilberforce, both cited with approval by Thomas J giving the opinion of the Court of Appeal in B Bullock and Co Ltd v RL Matthews and CG Matthews t/a Matthews Nurseries (unreported, New Zealand Court of Appeal CA 265/98 18 December 1998). The courts are plainly addressing the question of foreseeability. 62. 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). The finding of such reliance is very fact dependent a hamilton v papakura district council browsing experience is. Journal ( must Hamilton v. Papakura District Council ( 2002 ), [ 2000 ] 1 A.C. 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