From: Andrew Dickinson <andrew.dickinson@stcatz.ox.ac.uk>
To: Jason W Neyers <jneyers@uwo.ca>
Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>
obligations@uwo.ca
Date: 04/05/2018 17:46:22 UTC
Subject: Re: off-highway negligence
Perfectly in alignment, I think; most trees (including those in this case) are not dangerous. Common sense may slowly be returning to the tort of negligence. Andrew


Sent from my Samsung Galaxy smartphone.


-------- Original message --------
From: Jason W Neyers <jneyers@uwo.ca>
Date: 04/05/2018 17:56 (GMT+00:00)
To: Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>, obligations@uwo.ca
Subject: RE: off-highway negligence

I wonder how this result squares with the older cases which claimed that it was a public nuisance to create a danger on or near a public highway.

 

esig-law

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)

 

From: Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>
Sent: May 4, 2018 10:26 AM
To: obligations@uwo.ca
Subject: off-highway negligence

 

A nice case today about occupiers' non-liability. If I own land next to the highway and do something with it that restricts visibility on the highway, do I owe a duty of care to highway users? No. Highway users take the view (or lack of it) next to the highway as they find it. So a Welsh government was not liable for planting high vegetation next to the highway that caused a car to hit a cyclist. Presumably this also would cover, for example, the person who put up a picture of an attractive naked woman on his house that, like Zuleika Dobson, fatally distracted passers-by at a critical time.

See Sumner v Colborne [2018] EWCA Civ 1006

Odd though it may seem, I suspect this is right. I don't see why landowners' property rights should be restricted where they don't physically impinge on non-visitors' space: in the same way that occupiers don't owe any duty to keep those on neighbouring land safe -- Armstrong v Keepmoat Homes Ltd, QBD (Newcastle District Registry), unreported 3 February 2012.

Andrew

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Andrew Tettenborn
Professor of Commercial Law, Swansea University

Institute for International Shipping and Trade Law
School of Law, University of Swansea
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Andrew Tettenborn
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