Cavalier v Pope: HL 22 Jun 1906

The wife of the tenant of a house let unfurnished sought to recover from the landlord damages for personal injuries arising from the non-repair of the house, on the ground that the landlord had contracted with her husband to repair the house.
Held: The wife was not a party to the contract, and the absence of any duty in respect of the letting an unfurnished house prevented her from relying on any cause of action for negligence. As to Langridge -v- Levy and George v Skivington: ‘In both these latter cases the defendant represented that the article sold was fit and proper for the purposes for which it was contemplated that it should be used and the party injured was ignorant of its unfitness for these purposes’

Lord Loreburn LC
[1906] AC 428, [1906] UKHL 1
England and Wales
CitedLangridge v Levy ExP 1836
A man sold a gun which he knew to be dangerous for the use of the purchaser’s son. The gun exploded in the son’s hands.
Held: The son had a right of action in tort against the gunmaker, but, Parke B said: ‘We should pause before we made a . .
CitedGeorge v Skivington 1869
There was an injury to the wife, from a hair wash purchased under a contract of sale with the husband.
Held: The wife had a good cause of action. There was a duty in the vendor to use ordinary care in compounding the article sold, and that . .

Cited by:
CitedDonoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
CitedStevens (Through her Mother and Litigation Friend) v County Borough of Blaenau Gwent CA 17-Jun-2004
The mother of the claimant had complained to the local authority landlord about the absence of locks on her windows. The council replied that such locks could themselves be a hazard, and did not install a lock. The claimant climbed through and fell . .
CitedJackson v J H Watson Property Investment Ltd QBD 7-Jan-2008
The tenant claimant held under a 125 year lease of the defendant. A fault in a light well led to water ingress and damage. The fault was in the landlord’s land but not the flat. The tenant alleged a nuisance by the landlords. The landlord replied . .
CitedSykes v Harry and Trustee of Estate of Harry, a Bankrupt CA 1-Feb-2001
The tenant appealed dismissal of his claim for damages. He had suffered serious injury after inhaling carbon monoxide fumes from a defective gas fire. The fire had not been maintained and a fall of soot eventually prevented the escape of fumes.
Negligence, Landlord and Tenant, Personal Injury

Leading Case

Updated: 09 November 2021; Ref: scu.197992