Gorris v Scott

305 words (1 pages) Case Summary in Cases

07/03/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of Parallelewelten.net.

If you would like to view samples of the work produced by our academic writers please click here.

Gorris v Scott [1874] LR 9 Exch 125

The scope of a statutory duty to prevent damages or losses of a certain kind.

Facts

A ship owner, the defendant, had contracted to carry a number of sheep from a foreign port to England. Some of the sheep were washed overboard and lost. The claimant alleges that the loss of the sheep was due to the ship owner’s neglect to comply with the Contagious Diseases Act 1869, of which one order specified that sheep from foreign ports ought to be divided into pens of specific dimensions and designates the floorings of such pens.

Issue

The question arose as to whether the ship owner’s failure to comply with the order under the Contagious Diseases Act 1869 allows the claimant to recover liability for the loss of some sheep overboard.

Held

The Court held that, in the case of a statutory duty giving rise to damages, the scope of the duty is to be deduced in accordance with the object and context of the statute. Accordingly, a person cannot claim for losses that fall outside the scope of that which the statute intends to protect. The purpose of the Contagious Diseases Act 1869, as deduced by the construction of the language and context of the statute, was to prevent the spread of contagious diseases amongst animals. Although the ship owner neglected to comply with the order concerning the storage of the sheep in a certain manner under the 1869 Act, the sheep were lost at sea and the damage sustained was unrelated to contagious diseases. Thus, the claimant could not recover for the loss of the sheep.

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

www.ry-diplomer.com

ソース kokun.net

хостелы киева недорого

Current Offers