Date: Tue, 18 Nov 2008 16:30

From: Adam Kramer

Subject: Interference with property

It seems to me that if you tell someone they can’t leave the harbour and they follow your instruction (/advice/threat) then, bearing in mind that otherwise they could legally and would in fact have left the harbour, if you are wrong you are liable as having assumed responsibility (by assuming control of the situation and telling someone what to do). It is not a case of the ship being on someone else’s property, nor of omitting to grant something (a licence etc). It is like the prohibition on cattle case, and I’d have thought liability should lie there too.

Adam

-----Original Message-----
From: Robert Stevens  

Welton was rather different as there the defendant assumed responsibility to advise on alterations necessary, which the plaintiff relied upon, i.e. it was a Hedley Byrne case.

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