Baker v. Willoughby
Encyclopedia
Baker v Willoughby [1969] 3 All ER 1528 was a House of Lords
case decision on causation
in the law of torts, notable for its idiosyncratic facts. The case is concerned with the question of "breaking the chain
of causation", or novus actus interveniens.
) was knocked down by the defendant
's car, leaving him with a stiff ankle of his left leg and reduced mobility and income. After the accident but before the trial, Mr Baker was shot by a robber in his injured leg and the leg had to be amputated.
The House of Lords has unanimously rejected this argument. Per Lord Pearson
, although this argument seemed to make logical sense, it would produce a "manifest injustice" if it were allowed to succeed. Lord Reid
considered that the damage caused by the defendant - the plaintiff's inability to run, his reduced working capacities etc. - were not obviated by the shooter's act. Furthermore, if the shooter (who could not be found), were to be held liable, he would only have to pay the losses he caused Mr Baker by the shooting, not by the earlier car accident (because of the rule that "the defendant must take the plaintiff as he finds him"). Consequently, Mr Baker would remain undercompensated.
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
case decision on causation
Causation in English law
Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law....
in the law of torts, notable for its idiosyncratic facts. The case is concerned with the question of "breaking the chain
Breaking the chain
Breaking the chain refers in English law to the idea that causal connections are deemed to finish...
of causation", or novus actus interveniens.
Facts
Mr Baker (the plaintiffPlaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
) was knocked down by the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
's car, leaving him with a stiff ankle of his left leg and reduced mobility and income. After the accident but before the trial, Mr Baker was shot by a robber in his injured leg and the leg had to be amputated.
Judgment
The defendant argued that the injuries he had caused to Mr Baker were obviated by the later accident. His argument was based on causation: the shooting was an intervening event, which was not caused by his negligent driving and the amputation of the man's leg meant that the defendant could not be held accountable for any loss, since the damage he had done previously no longer existed.The House of Lords has unanimously rejected this argument. Per Lord Pearson
Colin Pearson, Baron Pearson
Colin Hargreaves Pearson, Baron Pearson PC, KC, CBE was a Canadian-born English barrister and judge. Rising to sit as a judge in the House of Lords, he is best remembered for his unspectacular but efficient and courteous chairmanship of industrial inquiries and royal commissions...
, although this argument seemed to make logical sense, it would produce a "manifest injustice" if it were allowed to succeed. Lord Reid
Lord Reid
Lord Reid may refer to :* James Reid, Baron Reid, a Scottish Unionist politician and judge .* John Reid, Baron Reid of Cardowan, a Scottish Labour politician, cabinet minister and chairman of Celtic F.C....
considered that the damage caused by the defendant - the plaintiff's inability to run, his reduced working capacities etc. - were not obviated by the shooter's act. Furthermore, if the shooter (who could not be found), were to be held liable, he would only have to pay the losses he caused Mr Baker by the shooting, not by the earlier car accident (because of the rule that "the defendant must take the plaintiff as he finds him"). Consequently, Mr Baker would remain undercompensated.
Later case law
The correctness of this judgment and its value as precedent was later questioned by the House of Lords in Jobling v Associated Dairies Ltd [1981] 2 All ER 752See also
- CausationCausation in English lawCausation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law....
- Breaking the chainBreaking the chainBreaking the chain refers in English law to the idea that causal connections are deemed to finish...
- The Golden Victory [2007] UKHL 12