Dorset Yacht Club

Question 1

Facts

Answer 1

7 Borstal boys caused damage to a yacht trying to escape. Insurance company suing Home Office for negligence who were in charge of the kids

Question 2

Issue

Answer 2

Does the Home Office owe a duty to Dorset Yacht company?

Question 3

Decision

Answer 3

Appeal dismissed - home office liable

Question 4

Reasoning

Answer 4

It is a likely consequence of neglect that the respondents yacht would suffer damage

novus actus - depends on whether the intermediate action was likely to happen. Because the damage was foreseeably likely, the chain of causation is not broken.

Question 5

Ratio

Answer 5

Chain of causation; responsibility of original actor can be displaced if the more proximate cause of the damage brakes the chain of responsibility. but depends on whether that was very likely to happen