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). 0 Reviews. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. It concluded its discussion of this head of claim as follows: 15. Thus, the damage was foreseeable. A second, distinct reason is provided by the requirement of foreseeability. We do not provide advice. Professionals have a duty to take care, not a duty to always be right. So no question of reliance ever arose. Get 1 point on adding a valid citation to this judgment. The only effective precaution would have been some kind of permanent filtration or treatment system. After hearing extensive evidence over more than three weeks, Williams J held that it had not been proved that the maximum concentration of any of the herbicides at the inlet tower in the lake or at the Papakura Filter Station or in the town supply ever came near the concentrations of herbicide shown by scientific results to be necessary to cause damage to cherry tomatoes grown hydroponically. In our view that was a significant omission. Yes. 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. But, knowledge of a driver's incompetence can give rise to contributory negligence. (New Zealand) The claimants sought damages. Torts - Topic 60 The findings in both courts of lack of reasonable foreseeability are firmly supported by the evidence and provide a second reason why the negligence claim must fail. Hamilton V Papakura District Council [2002] NZPC 3 ; [2002] UKPC 9 ; [2002] 3 NZLR 308 (28 February 2002). )(.65)^x(.35)^{5-x}}{(x ! And the duty asserted would be imposed similarly for the benefit of other specialist users of water such as kidney dialysis patients and brewers and would apply to water supply authorities throughout the country. 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. ]. 52. They are satisfied, if the reliance is a matter of reasonable inference to the seller and to the Court . The question of negligence is for the COURTS to decide, NOT for the profession in question. The Hamiltons also sued the company that supplied the water to the town (Watercare), claiming negligence and nuisance. New Zealand. 26. 45. AG v PYA Quarries Ltd [1957] 2 QB 169, 184 per Romer LJ (CA) cited in Stephen Todd (ed) The Law of Torts in New Zealand (3 ed, Brookers, Wellington, 2001) 535. The plants were particularly sensitive to such chemicals. It follows that their Lordships agree with the courts below that the claims in negligence against the two defendants cannot be sustained. Compliance to statutory standards - general principle that if a statute applies, and the defendant complies with the required conduct, this is RELEVANT but NOT decisive in determining liability in negligence. As mentioned in the non-contentious issues there is no evidence of negligence of the factory's part. 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. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. Hamilton v Papakura District Council [2002] UKPC 9 is a cited case in New Zealand regarding liabililty under tort for negligence under Rylands v Fletcher. The Court of Appeal also quoted that passage, slightly more fully, as follows: 21. 1. foreseeable risk of injury to plaintiff or class of persons including plaintiff What is a sensory register? Found Hamilton & Anor v. Papakura District Council (New Zealand) useful? 6 In the footnotes: 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. Click here to remove this judgment from your profile. 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 Court of Appeal held ([2000] 1 NZLR 265, 276, para 42) that, to avail the Hamiltons, any implied term would need to be that the water supplied was suitable for their particular horticultural use . 330, refd to. 8. The courts are plainly addressing the question of foreseeability. (2d) 719 (S.C.C. Hill (Christopher) Ltd. v. Ashington Piggeries Ltd.; Hill (Christopher) Ltd. v. Norsildmel, [1972] A.C. 441 (H.L. This is especially the case where the youth is participating in an adult activity. 259 (QB), Court of Queen's Bench of Alberta (Canada). 47. The coal supplied was unsuitable for the steamer and she had to return to port, with the result that the plaintiffs suffered loss. Blind plaintiff fell into unguarded trench. 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. 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. 3. expense, difficulty and inconvenience of alleviating the risk 2020). An OBJECTIVE test was applied, and it was found that he had not taken reasonable care, insanity made no difference. 3. As Mr Casey says, it can be no defence to a claim in negligence that the person inflicting the damage did not know the level of toxicity at which injury might result. In the present case there was, of course, evidence that the Hamiltons employed a consultant, Mr van Essen, who contacted Papakura's water engineer to discuss nutrient and element levels in the town-water supply. 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 . Watercare's monitoring was also carried out in accordance with the Drinking Water Standards. 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. Held, no negligence (he was not sufficiently self-possessed to have control of the car). Manchester Liners Ltd. v. Rea Ltd., [1922] 2 A.C. 74, refd to. Giving the opinion of the court, Thomas J explained: 65. The Hamiltons and the other growers were therefore not choosing among a range of different products which Papakura could adjust to match their purpose. Explain the difference between intrinsic and extrinsic motivation. . In the next section, we show that the probability distribution for xxx is given by the formula: 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. . 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. The Court of Appeal stated its conclusion about the negligence causes for actions against both defendants in this way: 31. He summarised the approach to be applied in this way ([1969] 2 AC 31, 115E). If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 6 In the footnotes: Held that the solicitor was negligent, because the whole practise was negligent. Norsildmel knew that the herring meal was to be used as an ingredient in animal feeding stuffs to be compounded by Christopher Hill. Must ask whether a doctor has acted as a reasonable doctor would. 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. a. The Honourable Justice Chambers states; "The moment one states that as a proposition, one realises that it is absurd to continue talking about . They sued for damages for breach of the condition in section 14(1) of the Sale of Goods Act 1893. See [2000] 1 NZLR 265, 278, para 53. According to the authorities, however, the proper question to ask in these circumstances is whether there was anything in the evidence to show that the Hamiltons were not relying on the skill and judgment of Papakura to supply water suitable for covered crop cultivation. 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. 43. 57. )(5x)!p(x)=\frac{(5 ! The defendants argued that the condition was negatived because the plaintiffs knew that the supplies of coal available to the defendants were limited and might indeed be confined to the cargo of coal carried on one particular vessel. 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. Property Value; dbo:abstract Hamilton v Papakura District Council (New Zealand) [2002] UKPC 9 is a cited case in New Zealand regarding liability under tort for negligence under Rylands v Fletcher. Test. 53. ]. Held, the police were negligent in providing this officer with a gun, as there was evidence of his instability. [para. Hamilton & Anor v. Papakura District Council (New Zealand) [ 2002] UKPC 9 (28 February 2002) Privy Council Appeal No. Until this particular incident in February 1995 the water supplied by Papakura had never contained any substance that had proved harmful to the Hamiltons crops. 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. The claim was that the herbicide had contaminated the water in the lake and that that contamination in turn had damaged their tomatoes. Hamilton v. Papakura District Council (2002), 295 N.R. Cas. 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). Vote Philip Hamilton for the House of Delegates District 57. 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. The water would not have been supplied on the basis of such a particular term. 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. 32. Gravity of risk - special risk to plaintiff should be taken into account if the defendant KNOWS about it. 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. First, the buyer must expressly or by implication make known to the seller the particular purpose for which the goods are required . An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. A person suffering an incapacity who willingly puts themselves in a position to cause harm WILL be held to be negligent. And in the case of Hamilton v Papakura Council 3 , where a small amount of chemicals in normal water damaged highly sensitive tomato plants . [para. Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd., [1969] 2 A.C. 31 (H.L. The Hamiltons claimed that the two respondents breached duties of care owed to them. Indexed As: Hamilton v. Papakura District Council et al. [para. The statutory requirement goes a step further. See Bruce Construction Corp. v. United States, 324 F.2d 516, 518 (Ct. Cl. Indeed there is no evidence that it ever occurred to the Hamiltons that drinking water might not be suitable for their tomatoes. 11. (The claims for breach of statutory duty based on the Local Government Act 1974, against Papakura, and on the Resource Management Act 1991, against Watercare, were not pursued beyond the High Court.). It was a bulk supplier. bella_hiroki. 54. 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 Hamiltons must also show that Papakura knew of their reliance. How is a sensory register different from short-term memory? Held: Dismissing the companys appeal, the water supplier had a general duty to supply water to accepted standards. There is no suggestion of any breach of those Standards or indeed of any statutory requirements. The Court continued: 33. . 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. 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. The dispute centres around the first two. Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. 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. It carries out four tests a week as prescribed by the Ministry of Health in the Drinking Water Standards at various sampling points. 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. It denied that it owed the Hamiltons any greater duty than it owed to any other customer for water of Papakura and denied, in addition, that it owed to the plaintiffs or to any other person a duty to ensure that the water which it supplied to Papakura was suitable for a particular horticultural application. Autex Industries Ltd v Auckland City Council. The tests are for chemical and related matters. ), refd to. ), refd to. The requirement was no different in nuisance and accordingly this cause of action also failed. (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. 39]. 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]. 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 . Cir. 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. Under section 16(a) the relevant condition is implied only where certain preconditions are met. He drove into plaintiff's shop. 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