Forex trader home office v dorset

The main issue was if the Home Office was liable for an action that a third party had committed; in other words whether the Home Office owed a duty of care to the claimant. Should we alter all this: Areas of applicable law: It will require qualification in new circumstances.

Home Office v Dorset Yacht Co. Ltd.

Related Post. He says that in general, in new situations where duty is being established the characteristics of that situation must be compared to those present in situations accepted to constitute negligence. Lord Diplock concurs but has different reasoning. The Home Office appealed to the House of Lords. The owners of the yacht sued the Home Office in negligence for damages. The householder has claimed on his insurance company. The Court of Appeal held in favour of the Home Office and it accepted that for policy reasons it should not have been held accountable for the damage.

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Further, it was argued that offjce could be no liability for the actions of trwder third party and that the Home Office should be immune from legal action owing to the public nature of its duties. But I do not think it should prevail. In this case, the stealing of the boat and damaging another is exactly the type of outcome that should have been foreseen by the officers. Seven trainees escaped one night, at the time the officers had retired to bed leaving the trainees to their own devices.

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