Clare v Perry (t/a Widemouth Manor Hotel)

Clare v Perry (t/a Widemouth Manor Hotel)

The defendant did not breach the duty of care under the Occupiers' Liability Act 1957 by failing to fence the wall, as the risk of injury from a deliberate jump was not reasonably foreseeable and was different in kind from the risk of accidental fall. The claimant's injury resulted from her own deliberate and unexpected conduct, not from any breach of duty by the occupier.

Parties
Claimant/respondent: Lorraine Ann Clare; Defendant/appellant: Roderick W P Perry (trading as Widemouth Manor Hotel)
Jurisdiction
England and Wales
Judgment Date
13 January 2005
Procedural Posture
Civil Appeal / Appeal From Judgment on Liability Only
Outcome
Appeal allowed; judgment for claimant set aside
Legal Topics
Standard of Care, Foreseeability, Contributory Negligence, Causation, Duty of Occupiers
Tort Law Occupiers' Liability Standard of Care Foreseeability Contributory Negligence Causation Duty of Occupiers

Case Brief

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Parties

Lorraine Ann Clare

Claimant/respondent

Roderick W P Perry (trading as Widemouth Manor Hotel)

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Judgment on Liability Only

Legal Issues

  1. 1 Whether the defendant breached the duty of care under the Occupiers' Liability Act 1957 by failing to fence a wall from which the claimant jumped and was injured
  2. 2 Whether the risk of injury from a deliberate jump is different in kind from the risk of accidental fall for the purposes of occupiers' liability
  3. 3 Whether the claimant's conduct amounted to contributory negligence or assumption of risk

Ratio Decidendi

The defendant did not breach the duty of care under the Occupiers' Liability Act 1957 by failing to fence the wall, as the risk of injury from a deliberate jump was not reasonably foreseeable and was different in kind from the risk of accidental fall. The claimant's injury resulted from her own deliberate and unexpected conduct, not from any breach of duty by the occupier.

Court Disposition

Appeal allowed; judgment for claimant set aside

Orders

  • Claim dismissed; no damages payable to claimant