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Chapman v Hearse information


Chapman v Hearse
CourtHigh Court of Australia
Decided8 August 1961
Court membership
Judge(s) sittingDixon CJ, Kitto, Taylor and Windeyer JJ

Chapman v Hearse is a significant case in common law related to duty of care, reasonable foreseeability and novus actus interveniens within the tort of negligence. The case concerned three parties; Chapman who drove negligently, Dr Cherry who assisted him on the side of the road, and Hearse who, in driving negligently, killed Dr Cherry while he was assisting Chapman. In the Supreme Court of South Australia, Hearse was found liable for damages to Dr Cherry's estate under the Wrongs Act 1936. Hearse sought to reclaim damages from Chapman due to his alleged contributory negligence; Chapman was found liable to one quarter of the damages. Chapman appealed the case to the High Court of Australia on August 8, 1961, but it was dismissed as the results of his negligence were deemed reasonably foreseeable.[1] A duty of care was established between Chapman and the deceased and his claim of novus actus interveniens was rejected. Dr Cherry was considered a 'rescuer' and his respective rights remained.

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Chapman v Hearse

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Chapman v Hearse is a significant case in common law related to duty of care, reasonable foreseeability and novus actus interveniens within the tort of...

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