The Gazette 1967/71

An explosion which occurred when an ampoule con taining a chemical was dropped into a sink of water, killing a man and causing £74,000 worth of damage, was held to have been a foreseeable consequence of sel ling the chemical, boron tribromide, without express warning involved on its contact with water. Q.B.D. 18/7/69 Vacwell Engineering Co. Ltd. v. B.D.H. Chemicles Ltd. Although under the rule in Searle v. Wallbank (1947) A.C. 341) the owner of a field abutting on a highway was under no duty to users of the highway to take reasonable care to prevent animals not known to be dangerous from straying on to it. It was decided that if an animal escaped from a situation in which it was under direct human control, which was a foreseeable reaction by the animal in those circumstances, the ordinary principles of negligence would apply. Q.B.D. 14/10/69 Bativala v. West. When the Ministry of Transport erect road signs under the Road Traffic Act, 1959, as amended, they owe a duty to take reasonable care when there are sites equally good as regards visibility not to select the one which involves greater hazards to the motorist. The Court re jected a contention that so long as they erect visible signs they had no duty to consider hazards to motorists even if one of two equally visible positions, was more hazardous than the other. Ct. of Appeal 9/10/69 Levine and Another v. Morris and the Ministry of Transport. By a majority the House of Lords held that the owners of a lorry which had failed to stop brr,ause of sudden brake failure could not rely on the defence of a latent defect unless they proved that there was nothing in the history of the lorry which should have indicated to them that some unusual defect might have developed which would not have been disclosed on normal inspection. House of Lords 8/10/69 Henderson v. Henry E. Jenkins and Sons. The boundary wall of a village school playground, about 3ft. Bin. high, and built in common form of brick and flint in 1862, was not "inherently dangerous" such as to make the educational authority liable in negligence when an eight-year-old boy taking part in a race up and down the playground shortly before school began stumbled, and fell, striking his head against a jagged flint, and suffering serious head injuries. Nor was the authority negligent in not supervising the children at the time, for even if a master had been in the play ground he would not have been under any duty to stop the children from racing up and down. Ct. of Appeal 18/12/69 Ward v. Hertfordshire County Council. Partnership A wife who actively helps her husband in a business but receives no wages is a partner in a joint enterprise. Her services are equivalent to a financial contribution by her, such as to give her a substantive interest in any property acquired by the proceeds of their joint efforts; and the courts will give effect to such an interest in proceedings under section 17 of the Married Women's Property Act, 1882. Ct. of Appeal Nixon v. Nixon. 88

A man whose leg was injured in a car accident and who was later shot in the same leg by armed robbers with the result that the leg had to be amputated was entitled to recover the same damages against the negli gent car driver as he would have had if there had been no supervening injury. House of Lords 26/11/69 Baker v. Willoughby. Where plaintiffs are insured against a form of risk which in fact happens through breach of contract by defendants and receive insurance moneys under their policy, the court, in exercising its discretion to award interest to successful plaintiffs for the period after the occurrence during which they are kept out of their money, should "temper the wind to the shorn lamb" and not award interest for any period after the insurance moneys have been paid. Ct. of Appeal 8/12/69 Harbutt's Plasticine Ltd. v. Wayne Tank and Pump Company Ltd. Landlord and tenant Failure by the landlord of a weekly tenant to provide his tenant with a rent book containing the information required by the Landlord and Tenant Act, 1962, does not preclude him from recovering the rent. Ct. of Appeal 5/12/69 Shaw v. Groom. A husband and wife may each have a "main residence" for the purposes of the Leasehold Reform Act 1967, which gives a tenant who is occupying a leasehold house "as his only or main residence" and who satisfies the other conditions in the Act the right to buy the freehold or get an extension of the lease for a further 50 years. Ct. of Appeal Powell v. Radford and others. Licensing A licensed bookmaker who exhibits a sign "Turf ac countant" in the inside of the window of a betting office facing on to the street is not guilty of exhibiting a sign "inside the licensed premises" contrary to regulation 3 of the Betting (Licensed Offices) Regulations 1960. The Court held that there was a lacuna in the law. Q.B.D. 4/11/69 Dunsford v. Pearson When justices consider an application for a licence under section 51 of the Public Health Acts Amendment Act, 1890, for proprietary club premises to be used for "public dancing or music", they do not have to be satisfied that the premises are going to be used for public dancing or music before they grant the licence. Q.B.D. 10/12/69 Beynon and another v. Caerphilly Licensing Justices. Negligence A school authority was negligant in releasing a class of five-year-olds five minutes before the appointed clos ing time for an afternoon session and liable in damages, agreed at £10,000 for a foreseeable accident to a girl who, finding that her mother was not waiting for her at the school gate, set out for home in her own, reached a busy road, and, in attempting to cross it through the traffic, was knocked down by a lorry. House of Lords Barnes (an Infant) v. Hampshire County Council.