Match. Throughout, the emphasis is on human health. 68. They must make sure that the treatment is not HARMFUL by checking orthodox research. 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. 45. Social value - Successful action against police, where police pursuit resulted in a crash. Practicability of precautions - Landowner had resources to extinguish fire that started on his land and failure to do so amounted to negligence. 40. That makes no commercial sense. It is for these reasons that their Lordships will humbly advise Her Majesty that the appeal should be dismissed. Subscribers are able to see a list of all the documents that have cited the case. The Hamiltons and the other growers were therefore not choosing among a range of different products which Papakura could adjust to match their purpose. 17. Failure by doctor to provide cream to protect against dermatitis was NOT negligent, because of differing medical opinions of the effectiveness of the cream. The Hamiltons also sued the company that supplied the water to the town (Watercare), claiming negligence and nuisance. 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Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See 52. On the basis of the premise it had stated about the probability of damage, the Court rejected each of the Hamiltons causes of action. 43. Ltd. (1994), 179 C.L.R. 1963). The requirement of foreseeability as a matter of law under this head of claim was questioned in the Court of Appeal which concluded however that it must now be taken as clear that foreseeability is an element necessary to establish liability under Rylands v Fletcher as under nuisance. 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. 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 . 324, refd to. Kellogg, Brown & Root Services, Inc. v. Secretary of the Army, 973 F.3d 1366, 1370-71 (Fed. Children. Get 1 point on adding a valid citation to this judgment. CA held that the defendant was physically incapable of taking care and was NOT responsible. It was easy enough to fix the leak, and the defendants should have done this. [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. 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 . )(5x)!p(x)=\frac{(5 ! The plants were particularly sensitive to such chemicals. They had agreed to supply coal for the plaintiffs vessel, the Manchester Importer, at a time when coal supplies were controlled. The tests are for chemical and related matters. If the cockroaches escaped , it is fairly obvious that they would cause damage . Medway Oil and Storage Co. v. Silica Gel Corp. (1928), 33 Com. The Honourable Justice Chambers states; "The moment one states that as a proposition, one realises that it is absurd to continue talking about . . Breach of duty. 163 (PC), G.J. Subscribers are able to see the revised versions of legislation with amendments. [para. 20. 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. In terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). 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. Giving the opinion of the court, Thomas J explained: 65. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. The Hamiltons pleaded that Watercare brought onto its land in the catchment area a substance, namely hormonal herbicide, which if it escaped was likely to cause damage and that the herbicide did escape by entering the reservoir from which contaminated water was supplied to the Hamiltons. 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). Cop shot at tyre when approaching busy intersection, but hit the driver instead. b. Explain the difference between intrinsic and extrinsic motivation. 5. the above matters must be balanced out. 0 Reviews. 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. Subscribers are able to see a list of all the cited cases and legislation of a document. 63]. No evidence was called to support the imposition of such a wide ranging, costly and burdensome duty. The statutory requirement goes a step further. 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 . In this context, Papakura also called attention to one of its water sources which had been closed in June 1995, a bore source in Drury. [para. Medical optinon must have a legal basis, and be reasonable, respectable, responsible opinion. In particular in the sentences just quoted the Court of Appeal refers not to the knowledge of Watercare but to the reasonable foreseeability of the damage suffered, having regard to the state of knowledge after, as well as before, the event. 4. any conflicting responsibilities of the defendant If you would like to participate, please visit the project page, where you can join the discussion and see a list of open tasks. Before confirming, please ensure that you have thoroughly read and verified the judgment. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 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. 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. The claim in nuisance and in Rylands v Fletcher was against Watercare alone. 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. Hamilton & Anor v. Papakura District Council (New Zealand). (1) Papakura District Council and (2) Watercare Services Ltd. Respondents [Majority judgment delivered by Sir Kenneth Keith] 1 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. As requested by Mr Casey (in the event of the appeal failing), the question of costs is reserved. Common practise of a trade is highly influential, but not decisive. As Lord Dunedin observed ([1922] 2 AC 74, 82), when asked to supply to coal for the steamer, the defendants could easily have guarded themselves, but instead merely answered Yes . If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. 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. contains alphabet). IMPORTANT:This site reports and summarizes cases. Held not liable, because risk so small and improbable. Hamilton Appellants v. (1) Papakura District Council and (2) Watercare Services Ltd. Respondents FROM THE COURT OF APPEAL OF NEW ZEALAND --------------- JUDGMENT OF THE LORDS OF THE JUDICIAL Able to see the revised versions of legislation with amendments HARMFUL by checking orthodox research General and... 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