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Haseldine v Daw

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Haseldine v CA Daw & Son Ltd [1941] 2 KB 343, a case heard by the Court of Appeal concerning occupiers' liability and discharge of occupiers' liability through contracting.

Facts:Edit

The claimant in this case was injured by a faulty lift which had been surveyed by a group of technicians a week before the accident, and was seen to be in perfect order. The claimant purported to sue the owner of the building.

Judgment:Edit

The court held that the technical and specialist nature of lift maintenance meant that the quality of the survey was not something that the occupiers could reasonably be expected to verify. Hence the occupiers were not liable.

Rule to exempt liability on the basis of contracting:

  • The injury must have been caused by the work carried out by the contractor which they were contracted to do;
  • It was reasonable for the occupier to employ independent contractor;
  • The occupier must be reasonably satisfied that the contractor was competent.

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