Breslin v. Corcoran & Anor [2001] IEHC 238 (17 July 2001)

Breslin v. Corcoran & Anor [2001] IEHC 238 (17 July 2001)

The chain of causation was broken by the intervening act of the thief; the negligence of the first named Defendant was a causa sine qua non, not a causa causans, and liability does not attach absent evidence of foreseeability of reckless use in the area.

Citation
[2001] IEHC 238
Parties
Plaintiff: Patrick Breslin; Defendant: Noel Corcoran; Defendant: The Motor Insurers' Bureau of Ireland
Jurisdiction
Ireland
Judgment Date
17 July 2001
Procedural Posture
Personal Injury / Judgment
Outcome
Judgment for Plaintiff against second named Defendant
Legal Topics
Negligence, Causation, Novus Actus Interveniens, Duty of Care
Tort Law Negligence Causation Novus Actus Interveniens Duty of Care

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Parties

Patrick Breslin

Plaintiff

Noel Corcoran

Defendant

The Motor Insurers' Bureau of Ireland

Defendant

Procedural Posture

Personal Injury / Judgment

Legal Issues

  1. 1 Whether the owner of a vehicle left unattended with keys in the ignition owes a duty of care to persons injured by a third party who steals and drives the vehicle
  2. 2 Whether the chain of causation is broken by the intervening act of the thief

Ratio Decidendi

The chain of causation was broken by the intervening act of the thief; the negligence of the first named Defendant was a causa sine qua non, not a causa causans, and liability does not attach absent evidence of foreseeability of reckless use in the area.

Court Disposition

Judgment for Plaintiff against second named Defendant

Orders

  • Order in favour of Plaintiff as agreed