1948 Mar. Stansbie counter-claimed for the value of the items stolen, founding the claim in the tort of negligence. An authority or service may equally owe a duty of care to individuals to protect them from harm. Sien Stansbie v Troman [1948] 2 KB 48 (CA) en die bespreking in PQR Boberg The Law of Delict Vol I (Juta) 290-291. In-house law team, Decorator left house unattended with door unlocked; whether liable when house burgled. 48 Tucker and Somervell L.J. [2009] HCA 48. 3. 48, where such responsibility was held to arise from a contract. Where defendant has duty to guard against wrongdoing of third party, futile to suggest third party’s act is nova causa merely because wilfully inflicted. 5 See, e.g., Beale in 33 H.L.R. 638. The defendant was under at duty to secure the property if he left the house. He claimed that he could not be held liable for the act of thieves. Tozer v Child (1857) 7 E & B 377 . Stansbie argued there was no duty upon him to keep the house secure against thieves. He was under a duty to take reasonable care when he left the premises unoccupied. What is SimpleStudying? You can write a book review and share your experiences. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Pages: 800 / 978. The defendant, a decorator, having been left alone in a house, left it to go to a neighbouring shop to buy a roll of wallpaper, but did not lock the door behind him. cit. Ultramares Corpn v Touche (1931) 255 NY 170 . Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. p. 1097. Stansbie v Troman [1948] 2 KB 48 b. Causation in law / Remoteness Damages are not awarded for all losses resulting from a breach of contract - some losses are regarded as too 'remote'. Tucker LJ acknowledged that the primary responsibility for the loss was the thief, and ordinarily this would be a new, independent cause for the loss. 3 S Steel – D Ibbetson, ‘More Grief on Uncertain Causation in Tort’ (2011) 70 CLJ 451 at 452. During this time, having left the front door ajar, a thief walked in a burgled the house. Matter No S191/2009. Available for Offline Print Court of Appeal 15 March 1948 [1948] 2 K.B. In Stansbie v. Troman (1948) 2 KB 48 CA) the defendant, who was carrying out decorations in the claimant's house under contract with him and had been left alone there by the claimant's wife, failed to lock the house when he left it to obtain some wallpapers. How do I set a reading intention. Stansbie was decorating at Troman’s home. 11 Op. Stansbie v Troman [1948] 2 KB 48 Facts: The claimant had property stolen from her house, when the defendant, a decorator, left the house unoccupied and unlocked. The prime example here is Stansbie v Troman[1948] 2 KB 48 - the defendant was instructed to lock up the claimant’s premises after finishing work, and failed to do so. The defendant, Troman, was a decorator left alone at the claimant, Stansbie’s, home. The householder’s wife left the decorator in charge of the house while she went out. Course Notes is designed to help you succeed in your law examinations and assessments. Publisher: Routledge-Cavendish. Therefore is the duty of a s85(1) prosecution includes a responsibility for acts of third parties. TEAM NO. Stansbie v Troman. 48, where such responsibility was held to arise from a contract. Stansbie v Troman [1948] 2 KB 48. The decorator was held to be under a duty of care to the householder - to lock the door - but no one could suggest that it was very likely that a thief would walk in and steal the diamond bracelet. 404; [1961] 1 Lloyd's Rep. 1; 100 A.L.R.2d 928; 1961 A.M.C. Please read our short guide how to send a book to Kindle. REMOTENESS OF DAMAGE Not every type of damage caused to the plaintiff as a result of the breach of contract will be recoverable. 2. He was held liable for the loss caused by a thief who entered while he was away. This duty was breached by leaving the door unlocked, and Troman was directly responsible for the loss. When he went out, he left the door unsecured and burglars entered. However, Tucker LJ distinguished this case because the defendant was under a duty of care to protect the premises from thieves. Troman contended the contractual agreement imposed a duty on Stansbie to take reasonable care regarding the state of the premises when he left them. The duty was found. *You can also browse our support articles here >. Due to neglect of the Defendant, the crankshaft was returned 7 days late. Stansbie v Troman [1948] 2 KB 48 : where the D is expected to exercise control over a third party: Home Office v Dorset Yacht Club [1970]/Hudson v Ridge Manufacturing [1957] Decorator left house unattended with door unlocked; whether liable when house burgled. He left the door unlocked and was absent from the house for two hours. Case Summary Held: A duty of care existed where (Tucker LJ): [T]he act of negligence itself consisted in the failure to take reasonable … [1994] 2 AC 264, 305f 12 Stansbie v. Troman [1948] 2 KB 48 Therefore is the duty of a s85(1) prosecution includes a responsibility for acts of third parties. 21 | MEMORANDUM FOR THE CLAIMANT viii T W Thomas and Co Ltd v Portsea Shipping Co Ltd [1912] AC 1 3, 4 Tai Hing Cotton Mill Ltd v Kamsing Knitting Factory [1979] AC 91 24 Thames and Mersey Marine Insurance Co v Hamilton Fraser and Co – The “Inchmaree” (1887) 12 App … An authority or service may equally owe a … Send-to-Kindle or Email . REMOTENESS OF DAMAGE Not every type of damage caused to the plaintiff as a result of the breach of contract will be recoverable. 1948 Mar. The contractual relationship created a duty which was then breached by not securing the property. In Stansbie v Troman a decorator failed to secure a household he was decorating, resulting in a burglary while he was absent; it was found he owed a duty to the household owner to adequately secure the premises in his absence. During his absence, a thief entered the house and stole several items of value. Stansbiev Troman: CA 1948. A decorator left a house to go to the shops. For example, a duty of care may arise from a relationship between the parties, which gives rise to an imposition or assumption of responsibility upon or by the defender, as in Stansbie v Troman [1948] 2 K.B. One of the cases in which responsibility had been assumed was Stansbie v Troman [1948] 2 KB 48, where it was held that a decorator who had been left in charge of a house and went out leaving the door unlocked owed a duty to the householder to use reasonable care and … 10 Fottler v. Mosley (1904) 185 Mass. Reference this Tee v Lautro Ltd (unreported) 16 July 1996, Ferris J . Stansbie was liable for the cost of the stolen items. If the loss flowing from the breach of contract is too remote then it cannot be recovered. Previous Previous post: Stansbie v Troman [1948] 2 KB 48 Next Next post: Knightly v Johns [1982] 1 WLR 349 70% of Law Students drop out in the UK and only 3% gets a First Class Degree. Notes is designed to help you succeed in your law examinations and assessments at to. Orders of the books you 've read, e.g., Beale in 33 H.L.R their duty made them responsible... Touche ( 1931 ) 255 NY 170 intention helps you organise your reading Lautro Ltd ( unreported 16. 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