Summary of Heaven V. Pender
The case in mostly use in any topic relating to Tort or Negligence in Law
Basing on Duty of Care, also see Donogue v. Stevenson
In the Heaven V. Pender case, the defendant dock owner made a stage outside a ship on the dock under a contract with the ship-owner to paint outside of the ship, using the stage. The plaintiff, painter who went on stage to paint the ship. However, one of the ropes by which the stage was slung, being unfit for use when it was supplied by the defendant broke, and the plaintiff fell down to the dock and was injured. The English Court of Appeal held that the defendant was liable in the tort of negligence. The defendant dock owner, was under an obligation to the plaintiff to take reasonable care that at the time he supplied the stage and the ropes, they were fit to be used and for negligence of this duty the defendant was liable to the plaintiff for the injury sustained.
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