Issues
The case was primarily based on the negligence of the Post Office workers in leaving the site of work unattended with the lamps burning. They owe a reasonable duty of care to prevent the children from entering the site which could be an “allurement” for the children. This was one of the issues that were raised; whether the respondent had taken adequate duty of care. A minor issue was brought forward in the case that the children have committed trespass and were liable for contributory negligence. One of the issues had been the question of foreseeability in the presence of children on Russell Road. Although the appellant suffered from injuries which were of higher degree, a question raised whether the explosion caused the accident and kind of injury suffered was of different type than that could have been foreseeable. However, the major issue which was involved in the case was whether the accident was foreseeable in nature. The case was brought forward from the First Division of the Court of Session, which limited the liability of the respondent on the grounds that although the danger to children was foreseeable the accident was not of a foreseeable nature.
Read more about this topic: Hughes V Lord Advocate
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—Susan Sontag (b. 1933)
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—Virginia Woolf (1882–1941)