Key point
- A duty of care to take positive action can arise from a contractual relationship
- There is no break in the chain of causation if the duty on the defendant is to guard against the act of the third party
Facts
- D decorator forgot to lock up when he had finished work
- The house was burgled while it was unlocked
- C homeowner sued D for negligence
Held (Court of Appeal)
- D was liable for the loss from burglary
Tucker LJ
Duty of care
- The contractual relationship imposed a duty to take reasonable care of the premises if he left them during the performance of his work
Breach of duty
- It was unreasonable for D to leave the house unlocked
Causation
- Failure to guard against the very action of the third-party results in causation, though it might not be the direct cause