Hackshaw V Shaw- Adelaide Chemical and Fertilizer

Facts

Shaw is the owner of a farm where he has farming machinery underlying over their in which they use to store petrol. But on that night the petrol was stolen because of which Shaw made a decision to catch a thief who stole the petrol, so he laid inside the hay to catch the person red handed who has done that crime. Hackshaw and Cox were friends as he went to steal petrol and Hackshaw was also sitting in that stolen motor vehicle and Cox has turned off the headlights of the vehicle so than one may caught him from stealing the petrol. At that instance Shaw noticed the vehicle and fired two warning shots for alerting the thief and Hackshaw who was sitting on the front seat of the car was injured. It was clear that Shaw was not aware about Hackshaw being sitting in the car and he hit him unintentionally and unknowingly. Hackshaw asked for the compensation from Shaw for the injuries happened to him by that hitting.

Issue raised

• Did Shaw should have taken care before taking action in-spite of being knowing about the trespasser?
• Did show breached the duty to take care as he shot Hackshaw from the rifle?
• Will Hackshaw being also liable for the injuries happened to her on the trespassed land?

Judgement

Deane J. held that, Even though their was a trespassing being done or the crime is being committed on the person's land but still it bis the legal duty to care of every individual. So even though the person has wrongfully entered in the premises and has tried to do mischief and theft in that area still it is the duty of defendant to take care before taking any action. It is the degree of proximity in relationship that necessary actions should be taken before occurring on any action. The forseeability of all this there implies the real injury to the visitor which created them a harm which can be foreseen. Thus, Shaw would have taken care before firing a pistol that their can be any person sitting in the car and would have made it quiet easy to work with in accordance to it. As negligence made by his side would have been avoided if he has foreseen the situation and has taken care of all the things happening.

Related Service: Essay Writing Services

Impact

This case has made it way easy in all the dimensions that even though their might be occurring any harm from the person's side. And their has been a trespassing being made on that occupier's land, still it bis the sole duty of the occupier that they should take all the necessary steps before doing any act or work.

All the contract managers and the head of that area should be aware about the necessary steps that a person should have taken even in the illegal act in which a person trespass the area.