In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. Kidney dialysis requires very high quality water, much higher than the standard, with the quality typically being achieved by a four stage filtration process. Held: There was reliance as to the suitability of the ingredients only.Lord Diplock said: Unless the Sale of Goods Act 1893 is to be allowed . It is a relatively small cost on a multi- [paras. Matthews sued Bullocks, inter alia on the basis of section 16(a). (1)When the fact that a person has committed an offense is relevant to an issue in a criminal proceeding, proof of conviction is conclusive proof that the person has committed the offense. 44. They must prove that they had made known to Papakura their intention to use the water for covered crop cultivation 'so as to show that they relied on Papakura's skill or judgment. The court must, however, consider all the relevant evidence. 57. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. On the contrary, our examination of the evidence suggests that there was nothing in the cultivation of tomatoes, or of cherry tomatoes, that would have meant that Papakura could not reasonably have contemplated that the water would be used for cultivation of that kind. Standard of care expected of drivers is the same for ALL drivers. The law of negligence was never intended to impose such costs and impracticability. Hamilton v Papakura District Council and Watercare Services Ltd: PC 28 Feb 2002 (New Zealand) The claimants sought damages. Conditions and warranties - Implied or statutory terms as to quality or fitness - Fitness or suitability of goods - The Hamiltons sued the Papakura District Council (the town) for breach of contract, claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons based their claim against the town on s. 16(a) of the Sale of Goods Act (i.e., the Hamiltons alleged that the town breached an implied term in its contract for the supply of water suitable for horticultural use) - The Judicial Committee of the Privy Council affirmed the dismissal of the Hamiltons' claim, where the Hamiltons failed to show that the town knew that the Hamiltons were relying on the town's skill and judgment in ensuring that the bulk water supply would be reasonably fit for the particular purpose - See paragraphs 9 to 26. Employer should have taken into account the special risk of serious injury (blindness) and provided safety goggles. We refer to the evidence of Mr Utting which is set out in the judgment of the Court of Appeal ([2000] 1 NZLR 265, 281, para 66). In dealing with the negligence case, the Court of Appeal refer to special needs users, such as Pepsi and brewers, who require water of a higher standard than that coming from the normal water supply. )(5x)!p(x)=\frac{(5 ! Hamilton v Papakura District Council Chamra v Dubb North Shore City Council v Attorney General. Factors to be taken into account by a reasonable person, to determine if there has been a breach: Yes. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). Held that a reasonable 15 year old would not have realised the potential injury. Hamilton v. Papakura District Council (2002), 295 N.R. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. Universal practice of not warning parents that a child's post-mortem may involve removal of organs could NOT be justified on grounds of common practice. Subscribers are able to see a list of all the cited cases and legislation of a document. Before confirming, please ensure that you have thoroughly read and verified the judgment. Overseas Tankship (U.K.) Ltd. v. Miller Steamship Co. Pty. Indeed to this day Papakura maintains in its defence to this action that the water was entirely suitable for that purpose. This appeal was heard by Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt, and Sir Kenneth Keith, of the Judicial Committee of the Privy Council. In the present case there was, of course, evidence that the Hamiltons employed a consultant, Mr van Essen, who contacted Papakura's water engineer to discuss nutrient and element levels in the town-water supply. 47. 68. The Court referred to its conclusion that the High Court was correct in deciding that the damage complained of was not reasonably foreseeable as required to establish liability in negligence. Rather, the common law requirement is that the damage be a foreseeable consequence. Held: The defendant . OBJECTIVE test. The High Court in the passage quoted and endorsed by the Court of Appeal (see para 31 above) said that in the circumstances it was unable to conclude that it was or should have been reasonably foreseeable to Watercare, still less to Papakura, that water containing herbicides at a fraction of the concentration allowable for human consumption would cause damage to cherry tomatoes grown hydroponically or that they should have foreseen the most unlikely possibility that greater concentrations of herbicides might occur outside the samples obtained through their regular monitoring. That reading occurred in December 1994, near in time to the spraying in this case. The claim was that the herbicide had contaminated the water in the lake and that that contamination in turn had damaged their tomatoes. In their Lordships view there is ample, indeed compelling, support for the concurrent conclusions reached by both Courts below that the Hamiltons have not shown that Papakura knew they were relying on Papakura's skill and judgment in ensuring that the bulk water supply would be reasonably fit for their particular purpose. Breach of duty. Contains public sector information licensed under the Open Government Licence v3.0. Held, though the risk of igniting the oil was small, it was a REAL risk, and a reasonable person would NOT disregard it. Donate. Council supplied water to minimum statutory standards. The Court of Appeal, citing Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441, stated that [it] is, of course, clear that if the reliance of the Hamiltons was communicated to [Papakura] it would not be open to it to deny liability on the ground of ignorance of the precise level of contamination at which the damage would be caused . 49]. 6 In the footnotes: Lord Guest, while not attaching undue importance to the precise phraseology, asked himself whether Norsildmel knew that it was likely that it would be fed to mink ([1972] AC 441, 477 E G), while Viscount Dilhorne held that Christopher Hill had to show that Norsildmel 'should reasonably have contemplated when the contract was made that mink was a type of animal to which it was not unlikely that herring meal would be fed ([1972] AC 441, 487 B). Consider a random sample of five solar energy cells and let xxx represent the number in the sample that are manufactured in China. If the duty is put in terms of all uses, even all uses known to Papakura, the duty would be extraordinarily broad. The Hamiltons did not have the necessary knowledge about the purity of Papakura's water supply or about the various factors which might affect it. CREATING SAFER COMMUNITIES FOR ALL VIRGINIANS. We do not make allowances for learner drivers. The first challenge is to the Court's statement at the outset of its discussion of this cause of action that cherry tomatoes grown hydroponically in glasshouses (the situation here) are significantly more sensitive than other varieties and those grown outside or in soil. So no question of reliance ever arose. It concluded its discussion of this head of claim as follows: 15. 2020). Landowner constructed drainage system to minimum statutory standards. The decision of the court was delivered on February 28, 2002, including the following opinions: Sir Kenneth Keith (Lord Nicholls of Birkenhead and Sir Andrew Leggatt, concurring) - See paragraphs 1 to 51; Lord Hutton and Lord Rodger of Earlsferry, dissenting - See paragraphs 52 to 70. 4. any conflicting responsibilities of the defendant These standards and processes are of course focused on risks to human health. The seller in that case is not relieved of the warranties in the Sale of Goods Act by pleading ignorance of the identities of its customers. Their Lordships accordingly do not find it necessary to discuss other possible answers to this head of liability presented by Watercare or the issues about the relationship between liability in negligence, nuisance and Rylands v Fletcher considered in the House of Lords in Cambridge Water Company v Eastern Counties Leather Plc [1994] 2 AC 264, in the High Court of Australia in Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 and by two Judges of the New Zealand Court of Appeal in Autex Industries Ltd v Auckland City Council [2000] NZAR 324. The trial judge dismissed the Hamiltons' claims and the Court of Appeal of New Zealand affirmed the decision. Held breach of duty. The extraordinarily broad scope of the proposed duty provides one decisive reason for rejecting the claims in negligence. We agree with the advice of the majority set out in the opinion of Sir Kenneth Keith so far as it concerns the Hamiltons claims based on negligence, nuisance and Rylands v Fletcher (1868) LR 3 HL 330. The mere happening of the event is proof of negligence. The claim was based on s16(a) of the Sale of Goods Act 1908: 10. The consequence was the damage to the tomatoes. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiffs mine. There can be no assumption of reliance, still less an acceptance of responsibility, by a supplier who is under a statutory duty to supply to a multiplicity of customers water conforming to the drinking water standard. Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. Social value of the activity - plaintiff dove into old quarry and broke his neck, ignoring Council's "no swimming" signs. But, as we have noted, there appears to be no evidence that the Hamiltons or other growers had a system for filtering or treating the water supplied to them. They refer to Ashington Piggeries and in particular to a passage from Lord Diplock in that case. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. 23. VERY rare occurrence. We Can Count On Philip Hamilton To Stand with Us Every Step of the Way. (1) Papakura District Council and (2) Watercare Services Ltd. Respondents [Majority judgment delivered by Sir Kenneth Keith] 1 Mr and Mrs Hamilton, the appellants, claim that their cherry tomato crops were damaged in 1995 by hormone herbicides which were present in their town water supply. Strict liability - Application of rule in Rylands v. Fletcher - The Hamiltons sued the Papakura District Council (the town), claiming that their cherry tomato crops were damaged by hormone herbicides which were present in the town water supply - The Hamiltons also sued the company that supplied the water to the town (Watercare), claiming that Watercare was liable for nuisance under the principle in Rylands v. Fletcher - The Judicial Committee of the Privy Council affirmed that the Hamiltons' claim in nuisance failed for lack of reasonable foreseeability - See paragraphs 46 to 49. Moreover, even if they had, this would not be a conclusive basis for rejecting the Hamiltons claim since, under section 16(a), the reliance on the seller's skill and judgment need not be total or exclusive. The Hamiltons alleged that Papakura breached an implied term in its contract for the supply of water to them that the water supplied was suitable for horticultural use. Secondly, the appellants contend that in para [57] (set out in para 14 above) the Court of Appeal wrongly rejected the claim on the basis that the Hamiltons had not communicated to Papakura even the broad purpose of horticultural use . No such duty was established. 9. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. Held he was NOT negligent because he was unaware of the disabling event. Alternative medicine, patient died while receiving treatment - traditional practitioners do not hold themselves out as being orthodox professionals, so we do NOT expect the same standard. Autex Industries Ltd. v. Auckland City Council, [2000] N.Z.A.R. As indicated there, s16(a) (s14(1) of the UK Act) imposes strict liability on the seller if its conditions are satisfied. Thus , the defendant was not held liable for the damage . Hamilton & Anor v. Papakura District Council (New Zealand). Throughout, the emphasis is on human health. 3, 52]. Negligence - Duty of care - General principles - Scope of duty - [See Must ask whether a doctor has acted as a reasonable doctor would. ), refd to. Why is this claim significant? Hamilton and target=_n>PC, Bailii, PC. The dispute centres around the first two. He was unaware of the stroke when he started driving. 3.3.4Hamilton v Papakura District Council [2000] 1 NZLR 265 3.3.5Transco PLC v Stockport MBC [2004] 2 AC 1 4Defamation 4.1Statutes 4.2Cases 5Privacy 6Vicarious Liability 6.1See also Accident Compensation[edit| edit source] Statutes[edit| edit source] Injury Prevention Rehabilitation and Compensation Act 2001[edit| edit source] No clear authority on mental disability in NZ, but this case is more consistent with the English and Canadian approaches, which is less strict, and there is no negligence if the defendant was not CAPABLE of taking care. D V to: ataahua ratio and justin generis senior partners at quid pro quo and associates from: diane vidallon re: insatiable insects to succeed under the ruling And in the case of Hamilton v Papakura Council 3 , where a small amount of chemicals in normal water damaged highly sensitive tomato plants . Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. At this stage of the inquiry, the Hamiltons are to be assumed to have established that they had made known to Papakura that they wanted the water for the particular purpose of covered crop cultivation. 42. 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