From: Andrew Dickinson <andrew.dickinson@sydney.edu.au>
To: Donald Macdonald <d.r.macdonald@dundee.ac.uk>
obligations@uwo.ca
Date: 16/12/2011 12:33:07 UTC
Subject: RE: Santa guilty of negligence?

Ross

 

Is this idea of Santa as a legal fiction specific to Scots law, and intended to avoid evidential difficulties? In England, I don’t think we would have any truck with it, but would also have no difficulty in treating the existence of Santa as a notorious fact capable of being established by judicial notice.

 

Best wishes

Andrew

 

From: Donald Macdonald [mailto:d.r.macdonald@dundee.ac.uk]
Sent: 16 December 2011 10:35
To: Andrew Dickinson; obligations@uwo.ca
Subject: Re: Santa guilty of negligence?

 

Careful analysis shows that Santa apparently only has one elf, something which can only be possible since the UK has opted out of the EU Working time Directive.  The full judgment will no doubt devote some subordinate Clauses to this point.  And the claimant was an elderly lady looking for an exciting day out - presumably no-one has ever told her that S.C. is actually a legal fiction?

 

Ross Macdonald 

 

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>>> Andrew Dickinson <andrew.dickinson@sydney.edu.au> 12/16/2011 9:57 am >>>

On 14 December 2011, the Court of Appeal in an ex tempore judgment (Ducasse v Melbry Events) held that Santa and/or one of his Elves had been negligent in failing to spot an icicle on the floor of his grotto over which the claimant tripped, causing a leg injury. The defendant operator of the grotto (no doubt, a corporate device used by St Nick to protect North Pole assets from seizure in execution) was held to have breached its occupier’s duty of care. From a Lawtel summary of the decision, it appears that the Court was impressed with the safety system used by Santa and the Elf (which had required Santa to check for debris from his throne), but concluded that it was possible that Santa and the Elf were not as careful in the taking of precautions as they should have been.

 

So, after his success in Miracle on 34th Street, Santa finds himself on the losing side.

 

Happy Christmas to all list members.

 

Best wishes

Andrew

 

ANDREW DICKINSON | Professor in Private International Law

Faculty of Law

 

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