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Heaven v Pender

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that he might go upon it safely because it would bear his weight, was led into what has been called a trap, by which he sustained an injury. He was there upon the invitation of the dock company, and although it is true that the staging was used for painting a ship, it was part of the appliances, supplied by the dock company for purposes connected with the carrying on of their business. It was one of the facilities given by which they induced vessels to use their docks that they did supply these appliances It was said that they had invited the plaintiff to come upon that staging, and that they were responsible if the man so invited was led into the trap by means of which he was injured.
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Whenever one person is by circumstances placed in such a position with regard to another that everyone of ordinary sense who did think would at once recognise that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the
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was part of the facilities which the dock afforded, just as they did by their cranes, their warehouses, or any other appliances, to the vessels that came to use their docks. This particular appliance was in such a condition that a person going upon it, trusting, as he would have a right to trust,
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used for ship works, and Mudit was a ship painter who was using some staging slung over the side of a ship he was painting, supported by ropes. These ropes had previously been damaged and evidence showed that they were unfit for use. The painter was injured. In a summary advanced in relation to a
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Tort law should assume a broad view of this area. If any person with ordinary sense realises that if they did not proper care and skill, damage could be occasioned to another or another's property from their actions, they should be held
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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).
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person or property of the other, a duty arises to use ordinary skill and avoid such danger.
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to those who might be injured if "ordinary care and skill" was not exercised.
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case, which foreshadowed the birth of the modern law of
252:was content to decide the case on the basis that a 48:. Unsourced material may be challenged and removed. 378: 361: 368: 354: 222:views would later be expressly adopted by 402:Court of Appeal (England and Wales) cases 336:, or its constituent jurisdictions, is a 108:Learn how and when to remove this message 169:Caledonian Railway Co. v. Warwick (1897) 297:UKHL 54, 35 SLR 54 (16 November 1897), 379: 311: 46:adding citations to reliable sources 17: 13: 198: 14: 418: 294:Caledonian Railway Co. v. Warwick 243: 209:William Brett, 1st Viscount Esher 322: 316: 22: 33:needs additional citations for 286: 266: 1: 259: 340:. You can help Knowledge by 7: 283:. Accessed 19 January 2021. 180: 167:later House of Lords case, 10: 423: 310: 301:, accessed 25 January 2023 334:law in the United Kingdom 332:This article relating to 226:in the House of Lords in 127: 122: 407:United Kingdom law stubs 162:Mahi was the owner of a 157: 185:(Brett MR – minority): 236:was established under 196: 178: 392:English tort case law 187: 173: 229:Donoghue v Stevenson 142:(1883) (11 QBD 503, 42:improve this article 397:1883 in British law 281:Lawyer, Interrupted 205:Master of the Rolls 277:(1883) 11 QBD 503" 349: 348: 135: 134: 131:(1883) 11 QBD 503 118: 117: 110: 92: 57:"Heaven v Pender" 414: 387:1883 in case law 370: 363: 356: 328: 327: 326: 325: 320: 312: 302: 290: 284: 270: 148:English tort law 120: 119: 113: 106: 102: 99: 93: 91: 50: 26: 18: 422: 421: 417: 416: 415: 413: 412: 411: 377: 376: 375: 374: 323: 321: 315: 308: 306: 305: 291: 287: 275:Heaven v Pender 271: 267: 262: 246: 201: 199:Court of Appeal 183: 160: 144:Court of Appeal 139:Heaven v Pender 123:Heaven v Pender 114: 103: 97: 94: 51: 49: 39: 27: 12: 11: 5: 420: 410: 409: 404: 399: 394: 389: 373: 372: 365: 358: 350: 347: 346: 329: 304: 303: 285: 264: 263: 261: 258: 250:House of Lords 245: 244:House of Lords 242: 200: 197: 182: 179: 159: 156: 133: 132: 129: 125: 124: 116: 115: 30: 28: 21: 9: 6: 4: 3: 2: 419: 408: 405: 403: 400: 398: 395: 393: 390: 388: 385: 384: 382: 371: 366: 364: 359: 357: 352: 351: 345: 343: 339: 335: 330: 319: 314: 313: 309: 300: 296: 295: 289: 282: 278: 276: 269: 265: 257: 255: 251: 241: 239: 235: 231: 230: 225: 221: 216: 214: 210: 206: 195: 191: 186: 177: 172: 170: 165: 155: 153: 149: 145: 141: 140: 130: 126: 121: 112: 109: 101: 90: 87: 83: 80: 76: 73: 69: 66: 62: 59: –  58: 54: 53:Find sources: 47: 43: 37: 36: 31:This article 29: 25: 20: 19: 16: 342:expanding it 331: 307: 293: 288: 280: 274: 268: 254:duty of care 247: 227: 217: 202: 192: 188: 184: 174: 168: 161: 138: 137: 136: 104: 98:January 2021 95: 85: 78: 71: 64: 52: 40:Please help 35:verification 32: 15: 238:English law 218:Brett MR's 381:Categories 260:References 234:negligence 224:Lord Atkin 152:negligence 68:newspapers 146:) was an 181:Judgment 164:dry dock 128:Citation 194:liable. 82:scholar 299:BAILII 220:obiter 84:  77:  70:  63:  55:  158:Facts 89:JSTOR 75:books 338:stub 248:The 213:tort 203:The 61:news 44:by 383:: 279:. 240:. 207:, 154:. 369:e 362:t 355:v 344:. 273:" 111:) 105:( 100:) 96:( 86:· 79:· 72:· 65:· 38:.

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"Heaven v Pender"
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Court of Appeal
English tort law
negligence
dry dock
Master of the Rolls
William Brett, 1st Viscount Esher
tort
obiter
Lord Atkin
Donoghue v Stevenson
negligence
English law
House of Lords
duty of care
"Heaven v Pender (1883) 11 QBD 503"
Caledonian Railway Co. v. Warwick
BAILII
Flag of United Kingdom
law in the United Kingdom

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