Home Office v Dorset Yacht Co Ltd 1970

Question 1

Facts.

Answer 1

Boys from a juvenile center stole a boat while their guards were asleep. They crashed into a yacht. Can the owner of the yacht sue the corrections center?

Question 2

Lord Denning

Answer 2

When the authorities open a Borstal institution, those living nearby are surely entitled to expect reasonable care is taken.

Question 3

Lord Reid

Answer 3

“It was a likely consequence of their neglect of duty that the respondent’s yacht would suffer damage.”

Question 4

The Case for the Home Office = 1

Answer 4

No authority for imposing that kind of duty. “When a new point emerges, one should ask not whether it is covered by authority but whether recognized principles apply to it…”

Question 5

The Case for the Home Office = 2

Answer 5

“General principles that no person can be responsible for the acts of another who is not his servant or acting on his behalf.”

Question 6

The Case for the Home Office = 3

Answer 6

Public Policy. Fear of being sued might put staff off doing their job properly.

Question 7

Novus Actus Interveniens

Answer 7

A new act or omission by someone else that occurs after the negligence. The act must break the chain of causation to qualify.