Home Office v. Dorset Yacht Co Ltd [1970] AC 1004

Ten Borstal trainees were working at an island harbour under the supervision of three officers. The trainees were under custody, but manage to escape during the night and steal a yacht which they subsequently crashed into the respondent’s yacht causing severe damage.

The respondent sued the Home Office for damages and succeeded however the Home Office then appealed. Held: that the court a quo was correct to find in favour of the respondent, because (i) a duty of care was owed even if the incident was caused by a third party and (ii) there was no public policy reason to exclude liability.

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