“Public authorities may owe duties of care when exercising statutory functions.”
Young offenders from a borstal on Brownsea Island were taken on a training exercise by three officers. During the night, seven offenders escaped when the officers went to bed. The escapees boarded a yacht belonging to Dorset Yacht Co, caused damage, and collided with other boats. The yacht company sued the Home Office for negligence.
Whether the Home Office owed a duty of care to the yacht company, and whether public authorities can be liable in negligence for harm caused by third parties when exercising statutory functions.
The House of Lords held in favour of Dorset Yacht Co. The Home Office owed a duty of care and was liable for the damage caused by the escaping offenders.
This case is fundamental to both tort law and public law, establishing that public authorities can be liable in negligence. It opened the door for numerous claims against public bodies and remains a leading case on the intersection between private law duties and public functions.
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OSCOLA Citation
Home Office v Dorset Yacht Co [1970] AC 1004 (HL)
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