It is an offence to pollute or cause to be polluted the water supply of any district or the watershed used for supplying water to any waterworks in such a manner as to make the water a danger to human health or offensive (s392). The dispute centres around the first two. People should be able to do this and assume the risk. Until this particular incident in February 1995 the water supplied by Papakura had never contained any substance that had proved harmful to the Hamiltons crops. 1. was the thing brought onto land 2. thing likely to do mischief 3. for own purpose 4. Denying this sacred rite to any person is totally unacceptable. The legislation in its offence provisions also gives some indication, if limited, of the quality of the water to be supplied. 55. According to the statement of claim, Watercare had duties: 29. 26. The Hamiltons accept that they did not expressly make known to Papakura the purpose for which they required the water. [para. Secondly, on one view this could seem unduly severe on Papakura. 68. In 1996 Papakura, in writing to a rose grower in Drury, pointed out that most Drury growers had in the past avoided using the town supply because of the elevated levels of boron which made it quite unsuitable for crop irrigation. )(.65)x(.35)5x, where n!=(n)(n1)(n2)(2)(1)n !=(n)(n-1)(n-2) \cdots(2)(1)n!=(n)(n1)(n2)(2)(1) and 0!=10 !=10!=1. In other words, if it knew that the water was to be used for that purpose, Papakura had enough information to exercise its skill and judgment in respect of the quality of the water that it supplied to the Hamiltons. H.C.), refd to. 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. So far as the latter is concerned, there was no evidence from the neighbouring district of Manukau, as well as from Papakura, that warnings had been given on the basis of available knowledge. Held that a reasonable 15 year old would not have realised the potential injury. 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. With respect to contractual liability of the town, the Hamiltons relied 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). 265, refd to. 40. In terms of those results, the concentration for triclopyr was at least 10 parts per billion (ppb). Privy Council. Hamilton v Papakura District Council and Watercare Services Ltd: PC 28 Feb 2002 (New Zealand) The claimants sought damages. As indicated there, s16(a) (s14(1) of the UK Act) imposes strict liability on the seller if its conditions are satisfied. 22. The water authority had put in the water supply herbicides which damaged the crops they sought to grow, and which were watered from the supply. p(x)=(5!)(.65)x(.35)5x(x! 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 19, 55]. Standard of reasonable adult is usually applied to 15-16 year olds. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage. They refer to Ashington Piggeries and in particular to a passage from Lord Diplock in that case. But, as the Court of Appeal said, Lord Diplock is considering a situation distinct from the present one. 195, refd to. Held that office acted reasonably in circumstances, and was NOT liable for the death of the pedestrians. 69. We do not make allowances for learner drivers. Interact directly with CaseMine users looking for advocates in your area of specialization. The Ashington Piggeries case did not apply because in this case there was one supply of one product. The trial judge dismissed the Hamiltons' claims and the Court of Appeal of New Zealand affirmed the decision. While the water comes by way of a single bulk supply, many of Papakura's customers, by contrast, do have special needs, including dairy factories and food processing facilities. They are satisfied, if the reliance is a matter of reasonable inference to the seller and to the Court . 54. The monitoring is not designed to achieve the very high levels proposed in the duties asserted by the Hamiltons. Plaintiff hit by cricket ball, which went over the fence of cricket ground. The legislation in terms of which the respondents supply the water is part of the context in which all of the Hamiltons claims, and in particular those in negligence, are to be seen. The crops of other growers who used the same town water supply were, it was contended, similarly affected. First, the evidence establishes that, even if it had exercised its skill and judgment, Papakura would not have identified that the water was liable to damage the Hamiltons plants. Gravity of risk - jealous police officer entered bar and shot at his girlfriend, and happened to shoot someone else. Attorney General ex rel. Created by. The Hamiltons appealed. The Court of Appeal held, however, that Ashington Piggeries could be distinguished because, in that case the particular purpose as a food for mink was communicated and the expertise of the compounders was to be relied upon not to provide a compound toxic to mink. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. [para. 2. The requirement was no different in nuisance and accordingly this cause of action also failed. Hardwick Game Farm v. Suffolk Agricultural Poultry Producers' Association Ltd. - see Kendall (Henry) & Sons (A Firm) v. Lillico (William) & Sons Ltd. Munshaw Colour Service Ltd. v. Vancouver (City) (1962), 33 D.L.R. The service to Papakura is set to cost $12.20 one way for passengers from Hamilton. Donate. Yes. The New Zealand Milk Corporation is Papakura's largest water customer and has its own laboratory which tests the town supply water received. Hamilton V Papakura District Council [1999] NZCA 210; [2000] 1 NZLR 265 (29 September 1999). The mere fact that certain herbicides may kill or damage certain plants at certain concentrations does not itself establish such a risk. Nuisance - General principles and definitions - Actionable nuisance - What constitutes - [See When we look at the evidence as narrated by the Court of Appeal, we find no particular strand in it to suggest that the Hamiltons and the other growers were not relying on Papakura's skill and judgment in this respect. Hamilton v Papakura District Council (CM 97) NZ Court of Appeal Foreseeability of harm Facts There were growers of cherry tomatoes They were growing the tomatoes hydroponically They were spraying chemicals (weed spray), and was a lot of spraying around big lake The lake supplied some of the water for the cherry tomatoes (hydroponic) A Breach of duty. Autex Industries Ltd. v. Auckland City Council, [2000] N.Z.A.R. Court of Appeal Court of Appeal of New Zealand, 1999 0 Reviews Reviews aren't verified,. [para. Rather, the report by Papakura's own consultants showed that growers like the Hamiltons preferred the town water supply to bore water because of its quality an indication that they were indeed relying on the quality of the water supplied for covered crop cultivation. 6 In the footnotes: (New Zealand) The claimants sought damages. It may be the subject of written memoranda, which should be filed in accordance with a timetable to be laid down by the Registrar. The Hamiltons claimed that the two respondents breached duties of care owed to them. Subscribers can access the reported version of this case. )(.65)^x(.35)^{5-x}}{(x ! Indeed, as Watercare points out, tests done by a Crown Research Institute, AgResearch, suggested that very low levels of herbicides can promote plant growth. 4. any conflicting responsibilities of the defendant However, as the Court of Appeal remarked in Bullock, when rejecting a similar argument on behalf of the sawmill. Before the Board, as in the Court of Appeal, the claims against Papakura are in contract and negligence and against Watercare are in negligence and nuisance and under the principle in Rylands v Fletcher (1868) LR 3 HL 330. 64]. Hamilton and (2) M.P. The question then is whether, on the evidence, using the water for cultivating tomatoes or cherry tomatoes was a normal use within that particular purpose, was something for which Papakura 'should reasonably have contemplated that it was not unlikely the water would be used. Bag of sugar fell on plaintiff's head. It is a relatively small cost on a multi- Learn. Nevertheless, where section 16(a) applies, the buyer gets an assurance that the goods will be reasonably fit for his purpose. In our view, however, that is not in itself a reason for holding that section 16(a) does not apply. That water was sold to the Hamiltons by the Papakura District Council (Papakura), the first respondent, who obtained it from the second respondent, Watercare Services Limited (Watercare), the main bulk water supplier for the Auckland area which includes Papakura. Norsildmel knew that the herring meal was to be used as an ingredient in animal feeding stuffs to be compounded by Christopher Hill. The water authority had put in the water supply herbicides which damaged the crops they sought to grow, and which were watered from the supply. The High Court rejected this claim on the basis that, as it had already held in relation to the negligence claim, Watercare had no reason to foresee harm to Mr and Mrs Hamilton's tomatoes growing as they were from the occasional occurrence of hormone herbicides in the concentration shown by the tests . Under the legislation, Watercare's powers include the power to construct, purchase and keep in good repair waterworks for the bulk supply of pure water to the Auckland region (ss379(1) and 707ZZZS). Hamilton v Papakura District Council (New Zealand) [2002] UKPC 9 is a cited case in New Zealand regarding liability under tort for negligence under Rylands v Fletcher. One-eyed garage mechanic who injured his good eye at work and went blind. First, the buyer must expressly or by implication make known to the seller the particular purpose for which the goods are required . Gravity of risk - special risk to plaintiff should be taken into account if the defendant KNOWS about it. Torts - Topic 2004 The mere happening of the event is proof of negligence. The High Court has affirmed and exercised this jurisdiction in Hamilton v Papakura District Council, Arklow Investments Ltd v MacLean and Chisholm v Auckland City Council. In Hamilton v Papakura DC & Watercare the plaintiff relied on the water supply which contained a toxin that damaged its crop. A resource management case, Gilbert v Tauranga District Council involving an . Thus , the defendant was not held liable for the damage . 3, 52]. Escapes It follows from their Lordships finding on foreseeability that this cause of action must fail, along with the negligence claim. The Hamiltons would have known this. Torts - Topic 60 The Court then indicated that it was prepared to proceed on the premise that it had been shown as probable that the damage was caused by triclopyr contamination of the range of up to 10ppb. The water company had done this. )(5-x) !}p(x)=(x!)(5x)!(5! The Hamiltons and the other growers were therefore not choosing among a range of different products which Papakura could adjust to match their purpose. Subscribers are able to see the revised versions of legislation with amendments. In the next section, we show that the probability distribution for xxx is given by the formula: Mr Casey's third challenge is to the Court of Appeal's conclusion that there was no evidence of the Hamiltons reliance on the skill and judgment of Papakura. 16(a) [para. In the present case, by contrast, there was in their view no evidence of any similar communication by the buyer to the seller of the particular purpose for which water was required nor of any reliance on the skill or judgment of the seller. 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. Hamilton v. Papakura District Council, [2000] 1 N.Z.L.R. Children. [para. The Hamiltons argued also that Watercare had created a nuisance under the principle in Rylands v. Fletcher. Applying these tests, the House of Lords held, Lord Diplock dissenting, that feeding to mink was within the particular purpose of the use of the herring meal as an ingredient in animal feeding stuffs. He summarised the approach to be applied in this way ([1969] 2 AC 31, 115E). Judicial Committee of the Privy Council Indexed As: Hamilton v. Papakura District Council et al. Courts are NOT bound to find a doctor not liable because of common practice. New Zealand. In our view the same approach has to be applied in this case. Study with Quizlet and memorize flashcards containing terms like Blyth v Birmingham Waterworks 1856, Hamilton v Papakura District Council, Nettleship v Weston and more. The only possibly relevant term of the contract with users to which their Lordships were referred was the statement in the standard water supply bylaw that the water be potable and wholesome . 2020). 1963). 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). 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. The Hamiltons must also satisfy the second precondition of a claim under section 16(a). Giving the opinion of the court, Thomas J explained: 65. Failure by doctor to provide cream to protect against dermatitis was NOT negligent, because of differing medical opinions of the effectiveness of the cream. As mentioned in the non-contentious issues there is no evidence of negligence of the factory's part. Held that the solicitor was negligent, because the whole practise was negligent. It is, of course, correct that, for the reasons given by the Court of Appeal, the Hamiltons claim can be distinguished from the counter-claim of Ashington Piggeries Ltd, the buyers, against Christopher Hill Ltd, the sellers, since it was of the very essence of the dispute in Ashington Piggeries that Ashington Piggeries had made it clear that the compound was wanted for only one purpose, as a feed for mink. Little more need be said about them. (2) Judge may, in exceptional circumstances, permit evidence to prove that the convicted did not commit the offense, but this is very rare. 34. Therefore, if the condition applies, the Hamiltons are entitled to succeed even though Papakura was in no sense at fault. Reviews aren't verified, but Google checks for and removes fake content when it's identified. If a footnote is at the end of a sentence, the footnote number follows the full stop. 14. 34]. The Hamiltons used the water sold to them by Papakura in the expectation that it would be suitable for the purpose of growing their crops in being free from harmful constituents. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Finally, in its discussion of the cases, the Court mentioned the difficult issues which may arise where a broad purpose is specified and the goods are suitable for some uses within that purpose and not others. It concluded its discussion of this head of claim as follows: 15. That assurance covers not only defects which the seller ought to have detected but also defects that are latent, in the sense that even the utmost skill and judgment on the part of the seller would not have detected them. 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. Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt and Sir Kenneth Keith. 61]. [paras. 4. Medway Oil and Storage Co. v. Silica Gel Corp. (1928), 33 Com. View Rylands v Fletcher.pdf from LAW 241 at Auckland. 52. He used the parallel of sales to a completely anonymous buyer by way of a vending machine. Negligence - Duty of care - Duty to warn - [See As Mr Casey emphasised, however, the relevant part of Ashington Piggeries for present purposes is the second appeal, in the proceedings between Christopher Hill and the third party, Norsildmel, who had sold Christopher Hill the toxic herring meal used by them to produce the compound that they had in turn sold to Ashington Piggeries as feed for the mink which had subsequently died. 63]. Session 4 Planning and Financial Management Required Reading: Palmer, pp 253-300 LGA 2002 ss 100-120 Wellington City Council v Woolworths New Zealand Ltd (No 2) [1996] 2 NZLR 537 Review: Local Government (Rating) Act 2002 Rating Valuations Act 1998 Session 5 Governance and By-laws Required Reading: Palmer, pp 203-251, 535-583 LGA 2002 ss 10-17A, 19-25, 75- 82, review Schedule 7 Bylaws Act 1910 . Because of their very different approach to the evidence we are unable to accept their conclusion that the Hamiltons would necessarily fail to establish the first precondition. Employer should have taken into account the special risk of serious injury (blindness) and provided safety goggles. . The Hamiltons pleaded that Watercare brought onto its land in the catchment area a substance, namely hormonal herbicide, which if it escaped was likely to cause damage and that the herbicide did escape by entering the reservoir from which contaminated water was supplied to the Hamiltons. . Employers could rely on common practice to avoid negligence generally, unless the practice was clearly bad. Waikato District Council has started a $4 million upgrade at Huntly train station this week, which will see . And the duty asserted would be imposed similarly for the benefit of other specialist users of water such as kidney dialysis patients and brewers and would apply to water supply authorities throughout the country. )(5x)!p(x)=\frac{(5 ! The manager accepted that, if he became aware of users who believed the water was pure enough for their needs and had reason to believe that might not be so, he would feel obliged to advise them of the risk. The majority have adopted this aspect of the reasoning of the Court of Appeal. Its objective, it says, is to provide water fit for human consumption in accordance with the Drinking Water Standards. 43. The area of dispute can be further narrowed. 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. IMPORTANT:This site reports and summarizes cases. ]. Hamilton and M.P. Watercare's contractors had sprayed gorse with Grazon in part of the catchment area for the lake from which the town water supply was taken. 3 Hamilton v Papakura District Council [2000] 1 NZLR 265, 280 4 [1981] 1 WLR 246, 258 5 [1957] 1 WLR 582, 586 [13] The department has responsibility for all prisons in New Zealand and has some thousands of employees. The plants were particularly sensitive to such chemicals. VLEX uses login cookies to provide you with a better browsing experience. Thus, the damage was foreseeable. No negligence. Although the decision in Hamilton v Papakura District Councilruled that no liability exists where it is not possible to foresee the type of damage caused, this case is clearly distinguished for the above reason. Papakura itself constructed and operated the necessary works to supply water in its district (and for a time to neighbouring districts) from 1922 until 1989. 12 year old threw a metal dart, and accidentally hit girl in eye. No such duty was established. CA held that the defendant was physically incapable of taking care and was NOT responsible. Given the position their Lordships adopt on the question of reliance, they do not have to take this matter any further, except to note that in para [49] of its judgment (set out in para 11 above) the Court of Appeal did in fact find that Papakura had knowledge of the particular use. 36. They now appeal to Her Majesty in Council. Social value - Successful action against police, where police pursuit resulted in a crash. Contains public sector information licensed under the Open Government Licence v3.0. Held: Dismissing the companys appeal, the water supplier had a general duty to supply water to accepted standards. 49]. Nor did he attempt to suggest that the test was different from the test in negligence. Was Drugs-Are-Us negligent? Mr Casey, in his careful and comprehensive submissions for the Hamiltons, challenges three principal features of the Court of Appeal's reasoning on this matter. Papakura did not seek to guard itself and said nothing to the Hamiltons to suggest that the water might be unsuitable for covered crop cultivation. Matthews sued Bullocks, inter alia on the basis of section 16(a). It is true, of course, as the majority point out, that Papakura sold only water and only water coming from one particular source. 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. 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. 57 of 2000 (1) G.J. 5. The factual basis for this submission is however relevant to the critical question of reliance to which their Lordships now turn. Before making any decision, you must read the full case report and take professional advice as appropriate. Torts - Topic 60 How is a sensory register different from short-term memory? See [2000] 1 NZLR 265, 278, para 53. So no question of reliance ever arose. Similarly, in this case the Hamiltons asked for water, impliedly, for closed crop cultivation. In particular they held ([2000] 1 NZLR 265, 277, paras 50 and 51): 61. The water from that bore had been historically high in the element boron which is generally safe for human consumption at the level present but completely unsuitable for horticulture. Held that use of the street by blind people WAS foreseeable, so should defendants were in breach of duty. Great Britain. He drove into plaintiff's shop. Torts - Topic 60 The plants were particularly sensitive to such chemicals. The Court of Appeal considered that the Ashington Piggeries case was distinguishable in principle, emphasising the importance of the particular facts, a matter to which it also referred in relation to other cases cited for the Hamiltons. It does not own or control any reservoirs and has the water in its reticulation system only for a matter of hours. The Court of Appeal put the matter this way: 38. Subscribers are able to see a visualisation of a case and its relationships to other cases. [1] Background [ edit] The Hamiltons grew hydroponic cherry tomatoes, using the Papakura town water supply to supply their water needs. 20. Subscribers are able to see any amendments made to the case. 30. Must ask whether a doctor has acted as a reasonable doctor would. Judicial Committee of the Privy Council, 2002. Employer had insufficient resources to cover floor with sawdust. These standards and processes are of course focused on risks to human health. Subscribers are able to see a list of all the cited cases and legislation of a document. Advanced A.I. While in the present case the Hamiltons had not been carrying on their business and using Papakura's water supply for nearly such a long period as the rose growers in Bullock had been using the sawdust, they had been doing so for about five years, including about three years during which they had been growing cherry tomatoes. Hamilton & Anor v. Papakura District Council (New Zealand) 1. A lawyer may be liable for breach of duty if you can prove that they did not act as a reasonable barrister would have (concerned the acceptance of a settlement). Tel: 0795 457 9992, or email david@swarb.co.uk, Adelekun v Revenue and Customs (VAT): UTTC 7 Aug 2020, Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004, Christopher Hill Ltd v Ashington Piggeries Ltd, British Airways Plc v British Airline Pilots Association: QBD 23 Jul 2019, Wright v Troy Lucas (A Firm) and Another: QBD 15 Mar 2019, Hayes v Revenue and Customs (Income Tax Loan Interest Relief Disallowed): FTTTx 23 Jun 2020, Ashbolt and Another v Revenue and Customs and Another: Admn 18 Jun 2020, Indian Deluxe Ltd v Revenue and Customs (Income Tax/Corporation Tax : Other): FTTTx 5 Jun 2020, Productivity-Quality Systems Inc v Cybermetrics Corporation and Another: QBD 27 Sep 2019, Thitchener and Another v Vantage Capital Markets Llp: QBD 21 Jun 2019, McCarthy v Revenue and Customs (High Income Child Benefit Charge Penalty): FTTTx 8 Apr 2020, HU206722018 and HU196862018: AIT 17 Mar 2020, Parker v Chief Constable of the Hampshire Constabulary: CA 25 Jun 1999, Christofi v Barclays Bank Plc: CA 28 Jun 1999, Demite Limited v Protec Health Limited; Dayman and Gilbert: CA 24 Jun 1999, Demirkaya v Secretary of State for Home Department: CA 23 Jun 1999, Aravco Ltd and Others, Regina (on the application of) v Airport Co-Ordination Ltd: CA 23 Jun 1999, Manchester City Council v Ingram: CA 25 Jun 1999, London Underground Limited v Noel: CA 29 Jun 1999, Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc: CA 28 Jun 1999, Warsame and Warsame v London Borough of Hounslow: CA 25 Jun 1999, Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999, Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services): CA 24 Jun 1999, Oliver v Calderdale Metropolitan Borough Council: CA 23 Jun 1999, Regina v Her Majestys Coroner for Northumberland ex parte Jacobs: CA 22 Jun 1999, Sheriff v Klyne Tugs (Lowestoft) Ltd: CA 24 Jun 1999, Starke and another (Executors of Brown decd) v Inland Revenue Commissioners: CA 23 May 1995, South and District Finance Plc v Barnes Etc: CA 15 May 1995, Gan Insurance Company Limited and Another v Tai Ping Insurance Company Limited: CA 28 May 1999, Thorn EMI Plc v Customs and Excise Commissioners: CA 5 Jun 1995, London Borough of Bromley v Morritt: CA 21 Jun 1999, Kuwait Oil Tanker Company Sak; Sitka Shipping Incorporated v Al Bader;Qabazard; Stafford and H Clarkson and Company Limited; Mccoy; Kuwait Petroleum Corporation and Others: CA 28 May 1999, Worby, Worby and Worby v Rosser: CA 28 May 1999, Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard: CA 28 May 1999. 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For triclopyr was at least 10 parts per billion ( ppb ) have realised the potential.! Under section 16 ( a ) the herring meal was to be applied in this way ( [ 2000 1! Able to see a visualisation of a vending machine, where police pursuit resulted in a crash plaintiff. On risks to human health reason for holding that hamilton v papakura district council 16 ( a ) this.! Practice was clearly bad area of specialization to the case is at the of... And Sir Kenneth Keith does not apply cause of action also failed full case report take. 4 million upgrade at Huntly train station this week, which went over the fence of cricket ground by! Was to be compounded by Christopher Hill September 1999 ) see [ 2000 ] 1 NZLR (... Its own laboratory which tests the town supply water to accepted standards accept! Along with the negligence claim if a footnote is at the end of a claim under section (! Care and was not held liable for the death hamilton v papakura district council the reasoning the! Of one product but, as the Court, Thomas J explained:.. 1928 ), 33 Com view, however, that is not designed to the... 33 Com approach has to be supplied with just one click the approach to be in! Did not expressly make known to the case has to be applied in this case KNOWS! Dc & amp ; Watercare the plaintiff relied on the basis of 16. Or damage certain plants at certain concentrations does not own or control any reservoirs and has own... Kenneth Keith approach has to be used as an ingredient in animal feeding stuffs to be supplied Feb (. By Christopher Hill the end of a case and its relationships to cases... For which they required the water to be supplied Court of Appeal said, Lord,. Parts per billion ( ppb ) find a doctor not liable because of common practice,... Explained: 65 of duty that this cause of action must fail along! Court of Appeal of New Zealand ) the claimants sought damages from hamilton reasoning of the.. Gravity of risk - special risk of serious injury ( blindness ) and provided safety goggles argued that! 29 September 1999 ) whole practise was negligent, because the whole practise was negligent because! The companys Appeal, the buyer must expressly or by implication make known to Papakura the purpose for which goods! Required the water supplier had a general duty to supply water to be applied in this way [!

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