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#breach #negligence #tort
In Vaughan v Menlove (1837) 3 Bing NC 468, the defendant built a haystack on land adjoining the claimant’s property. As a result of poor ventilation, the haystack caught alight and caused damage to the claimant’s land. The defendant had been warned of the possibility of this happening but had chosen to ignore it (he was, he explained, fully insured). Despite the defendant’s claim that he had honestly misjudged the risk, he was found liable. A reasonable person would not have taken the risk and would have adopted preventative precautions.
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