Hughes v Lord Advocate [1963] AC 837 House of Lords

Two boys aged 8 and 10 went exploring an unattended man hole. The man hole had been left by workmen taking a break. It was surrounded by a tent and some paraffin lamps were left to warn road users of the danger. The boys took a lamp down the hole. One of them dropped the lamp and an unforeseeable explosion occurred resulting in extensive burns.

Held:

The damage was not too remote it was foreseeable that the boys may suffer a burn from the lamp. The fact that the burn resulted from an unforeseeable explosion did not prevent the type of damage being foreseeable.

 

Back to lecture outline on remoteness of damage in Tort Law

 

Negligence