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Doughty v Turner [1964] 1 QB 518

Country:
United Kingdom
  • Defendant was employed by Plaintiff to look after two cauldrons of boiling hot metal that had asbestos covers.

  • Defendant accidentally let the cover slide into the cauldron. Since the cover was bought off a reputable manufacturer, nobody thought it was dangerous that the cover was in the cauldron and they stayed in the room. The metal exploded injuring Defendant.

  • CA dismissed Defendant’s claim since the only reasonably foreseeable damage was that there might be a “splash”, while an explosion was completely unforeseeable. Therefore, because the actual danger was of a fundamentally different type to the reasonably foreseeable danger, Plaintiff was not liable.

Harman LJ

  • Says that unlike in Hughes where the explosion was merely on a larger than expected scale of the same type of damage, the difference between “splash” and explosion here is fundamental. 

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