Heaven v. Pender
Encyclopedia
Heaven v Pender 11 QBD 503, Court of Appeal
) was an English tort law
case, which foreshadowed the birth of the modern law of negligence.
, William Brett, 1st Viscount Esher, suggested that there was a wider duty to be responsible in tort
to those who might be injured if ‘ordinary care and skill’ was not exercised.
Brett MR's obiter views would later be expressly adopted by Lord Atkin
in the House of Lords in Donoghue v Stevenson when the general concept of a tortious duty of care in negligence
was established under English law
.
was owed by an occupier of land (the owner of the dry dock) to invitees (the employees of the contractor who were on the site to the economic benefit ultimately of the dry dock owner).
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
) was an English tort law
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
case, which foreshadowed the birth of the modern law of negligence.
Facts
The case occurred when an owner of a dry dock supplied ropes that supported a stage slung over the side of a ship. The stage failed because they had been previously burned. The failure of the stage injured an employee of an independent contractor working in the dry dock. The shipowner, the defendant, had failed in his duty of care to give reasonably careful attention to the condition of the ropes, prior to employing them to hold up the stage. The defendant was found liable.Court of Appeal
The Master of the RollsMaster of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
, William Brett, 1st Viscount Esher, suggested that there was a wider duty to be responsible in tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
to those who might be injured if ‘ordinary care and skill’ was not exercised.
Brett MR's obiter views would later be expressly adopted by Lord Atkin
James Atkin, Baron Atkin
James Richard Atkin, Baron Atkin was a lawyer and judge of Australian-Welsh origin, who practised in England and Wales...
in the House of Lords in Donoghue v Stevenson when the general concept of a tortious duty of care in negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
was established under English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
.
House of Lords
The House of Lords was content to decide the case on the basis a duty of careDuty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
was owed by an occupier of land (the owner of the dry dock) to invitees (the employees of the contractor who were on the site to the economic benefit ultimately of the dry dock owner).