Pure omissions + controlling 3rd parties

Haynes v Harwood

• driver of horse drawn van leaves it unattended

• schools kids throw sticks at horse

• horse bolts

• police officer injured

• duty of care owed to police officer

• reasonably foreseeable kids would be out after school

• horse inherent risk - unpredictable animal

• danger near roadway

Topp v London country bus

• driver change over

• bus unattended key in ignition

• joyrider drives bus hits woman

• no duty of care owed to woman

• inanimate object not inherent risk

Palmer v Tees

• armstrong psych ward patient

• troubled man

• tells hospital he is sa to children

• moved to outpatient, safe house on condition he would take meds.

• no supervision or hospital appointments

• rapes and kills Palmer

Dorset Yacht

• prison officers take boys to a camp

• they escape at night to the shoreline

• get on yacht to get on another yacht

• trash the silvermist, owners unhappy

Hill v Chief Constable of Yorkshire

• Jacqueline hill went grocery shopping then murdered by Peter Sutcliffe

• sutcliffe active serial killer form 1960-1980

• Mrs Hill accuses police of negligence

• failed to do proper investigations and arrest Sutcliffe

Lewis

• Little David wanders out of kindergarten onto road

• Mr Lewis driving lorry

• Lewis swerves hits lamppost dies

Factors considered - duty of care or no

• geographical proximity

• temporal proximity

• to what extent was TP under Ds control

• Knowledge of TPs propensities

Temporal proximity

• Hill=N/a

• Palmer= 1 yr and 1 week (too long)

• Dorset Yacht= brief period

• Lewis= few minutes

Geographical proximity

Hill= none between police and Sutcliffe

Palmer = A far removed from hospital

Dorset yacht = Silvermist within shoreline

Lewis = road right outside kindergarten

control

Hill= no control Sutcliffe in custody in 81

Palmer = no control Armstrong

Dorset Yacht = custodian and prisoner strongest control

Lewis = teacher control over little student

Knowledge of propensities

Hill= did not know about Sutcliffe

Palmer = A said he was SA to kids

Dorset= knew boys offences and that they would get out

Lewis = knew David likely to frolic away