Winterbottom v. Wright
Encyclopedia
Winterbottom v Wright 10 M&W 109 was an important case in English
common law
responsible for constraining the law's stance on negligence
in the nineteenth century.
Winterbottom had been contract
ed by the Postmaster-General
to drive a mail coach
supplied by the Postmaster. The defendant
Wright had been contracted by the Postmaster to maintain
the coach in a safe state. The coach collapsed while Winterbottom was driving and he was injured. He claimed that Wright had "negligently conducted himself, and so utterly disregarded his aforesaid contract and so wholly and negligently failed to perform his duty in this behalf."
In Winterbottom v. Wright, the court held that the plaintiff had no redress. It held that since the defendant had a duty of care in contract it could not also have a duty of care in tort.
Therefore, as the industrial revolution developed in the 19th century, manufacturers owed no duty of care to consumers. Similar social engineering saw the courts in that era shield employers from actions by injured workers.
The principle of Winterbottom meant that consumers who were injured by defective products in the 19th century had no action against the defective product's manufacturer.
. As the plaintiff was not in a contract
with the defendant the court ruled in favour of the defendant on the basis of the doctrine of privity of contract
.
Winterbottom sought to extend the ratio
of the court in Langridge v Levy but the court rejected this on the grounds that that case involved a gun whose safety had been misrepresented
by the vendor.
The case was also possibly influenced by public policy
. If the plaintiff were able to sue “there would be unlimited actions” and the public utility of the Postmaster-General was such that allowing such actions would be undesirable for society.
William Brett sought to establish a general principle of duty of care
in Heaven v. Pender
(1883), his judgment was at variance with the majority of the court. The privity argument was subsequently rejected in common law in the U.S. in MacPherson v. Buick Motor Co.
(1916) and finally in England by the doctrine of the "neighbour principle" in Donoghue v. Stevenson
(1932).
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
responsible for constraining the law's stance on negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
in the nineteenth century.
Facts
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...
Winterbottom had been contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
ed by the Postmaster-General
United Kingdom Postmaster General
The Postmaster General of the United Kingdom is a defunct Cabinet-level ministerial position in HM Government. Aside from maintaining the postal system, the Telegraph Act of 1868 established the Postmaster General's right to exclusively maintain electric telegraphs...
to drive a mail coach
Mail coach
In Great Britain, the mail coach or post coach was a horse-drawn carriage that carried mail deliveries, from 1784. In Ireland, the first mail coach began service from Dublin in 1789. The coach was drawn by four horses and had seating for four passengers inside. Further passengers were later allowed...
supplied by the Postmaster. 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...
Wright had been contracted by the Postmaster to maintain
Predictive maintenance
Predictive maintenance techniques help determine the condition of in-service equipment in order to predict when maintenance should be performed...
the coach in a safe state. The coach collapsed while Winterbottom was driving and he was injured. He claimed that Wright had "negligently conducted himself, and so utterly disregarded his aforesaid contract and so wholly and negligently failed to perform his duty in this behalf."
In Winterbottom v. Wright, the court held that the plaintiff had no redress. It held that since the defendant had a duty of care in contract it could not also have a duty of care in tort.
Therefore, as the industrial revolution developed in the 19th century, manufacturers owed no duty of care to consumers. Similar social engineering saw the courts in that era shield employers from actions by injured workers.
The principle of Winterbottom meant that consumers who were injured by defective products in the 19th century had no action against the defective product's manufacturer.
Judgment
In 1842, the law’s only recognition of "negligence" was in respect of a breach of contractBreach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
. As the plaintiff was not in a contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
with the defendant the court ruled in favour of the defendant on the basis of the doctrine of privity of contract
Privity of contract
The doctrine of privity in the common law of contract provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it....
.
Winterbottom sought to extend the ratio
Ratio decidendi
Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision." The ratio decidendi is "[t]he point in a case which determines the judgment" or "the principle which the case establishes."...
of the court in Langridge v Levy but the court rejected this on the grounds that that case involved a gun whose safety had been misrepresented
Misrepresentation
Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality...
by the vendor.
The case was also possibly influenced by public policy
Public policy (law)
In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change...
. If the plaintiff were able to sue “there would be unlimited actions” and the public utility of the Postmaster-General was such that allowing such actions would be undesirable for society.
Significance
Though Master of the RollsMaster of the Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second most senior judge in England and Wales, after the Lord Chief Justice. The Master of the Rolls is the presiding officer of the Civil Division of the Court of Appeal...
William Brett sought to establish a general principle of duty of care
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
in Heaven v. Pender
Heaven v. Pender
Heaven v Pender 11 QBD 503, Court of Appeal) was an English tort law case, which foreshadowed the birth of the modern law of negligence.-Facts:...
(1883), his judgment was at variance with the majority of the court. The privity argument was subsequently rejected in common law in the U.S. in MacPherson v. Buick Motor Co.
MacPherson v. Buick Motor Co.
MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050 is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo which removed the requirement of privity of contract for duty in negligence actions.-Facts:...
(1916) and finally in England by the doctrine of the "neighbour principle" in Donoghue v. Stevenson
Donoghue v. Stevenson
Donoghue v Stevenson [1932] UKHL 100 was a decision of the House of Lords that established the modern concept of negligence in Scots law and English law, by setting out general principles whereby one person would owe another person a duty of care...
(1932).