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Home Office v. Dorset Yacht Co., Ltd.
House of Lords
[1970] AC 1004
- Written by Mary Phelan D'Isa, JD
Facts
A private-yacht owner’s (plaintiff) yacht was damaged by a group of reformatory boys who had escaped a minimum-security encampment on an island. The encampment and the boys were under the control of the Home Office (defendant). Previous caselaw recognized a duty of care on a defendant-party like the Home Office if it had a right to control the movements of both the independent wrongdoer and the injured third party. However, no duty had been recognized in cases like this in which the third party was not subject to the defendant’s control. The trial judge denied the Home Office’s motion to dismiss. The court of appeal affirmed, and review from that decision was sought in the House of Lords.
Rule of Law
Issue
Holding and Reasoning (Lord Diplock, J.)
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