High Court of Australia – 8 August 1961. Chapman v Hearse* [ROAD USERS] p.115-16 >> harm of that general kind suffered to a general class of plaintiffs to which she belongs, was reasonable in the sense that it was not unlikely >> P does not need to show D should have foreseen the exact sequence of events, just that harm of … Chapman v Hearse (1961) 106 CLR 112 The question was whether Hearse’s act in running over Dr Cherry was a novus actus which broke the chain of causation between Chapman’s actions and Dr Cherry’s death. Dr Cherry came to Chapman's assistance… Chapman was thrown out on to the road and Dr. Cherry, a medical practitioner who was passing, stopped and walked over to him to render assistance. The plaintiff, a pedestrian had been struck by the defendant’s car while crossing the road. There is no Novus Actus Interveniens where the intervening cause was reasonable foreseeable. The case Chapman v Hearse added to the precedent of negligence where in previous cases reasonable foreseeability was applied narrowly to include all predictable actions, Chapman v Hearse extended this to include all damages of the same nature which could be reasonably foreseen. Joslyn v Berryman. Chapman was left lying on the road after the accident. Chapman negligently drove his vehicle causing it to collide with another vehicle and overturn. FACTS. CHAPMAN V. HEARSE-THE FACTS AND DECISION In Chapman v. Hearse, an accident occurred near Adelaide on a dark and stormy night due to the negligence of Chapman. Chapman v Hearse 1961 An accident was caused by Chapmans negligent driving. While Dr. Cherry was attending to Chapman, Dr. Cherry was run over and killed by another which was driven by Hearse. And Haber v Walker: Chapman was ejected from his vehicle and came to rest unconscious on the roadway. On a dark and wet night Chapman drove his motor vehicle into the back of Emery’s car. A Dr Cherry whilst in the process of helping him, was struck by Hearse, and killed. Dr Cherry came upon the scene and left his motor vehicle and began to assist Chapman. ON 8 AUGUST 1961, the High Court of Australia delivered Chapman v Hearse [1961] HCA 46; (1961) 106 CLR 112 (8 August 1961). 2 As Dixon J said in Chapman v Hearse (1961) 106 CLR 112, 115, ‘I cannot understand why any event which does happen is not foreseeable by a person of sufficient imagination and intelligence.’ These issues were discussed in a variety of cases, including Chapman v Hearse: If the subsequent act is a reasonably foreseeable consequence of the first act (such that would arise in the ordinary course of things), it would not be considered an intervening act. Chapman v Hearse. In Chapman v. Hearse, however, the problem was to decide whether the doctor's death should be attributed to one of several "causes", and it was first necessary to decide whether Chapman's negligence was, in fact, a cause of his death. The plaintiff had negligently failed to see the defendant’s car approaching. His vehicle had turned over, and he was thrown onto the highway. For a claim for contributory negligence to succeed, it must be shown that there was a lapse in the standard of care required by the plaintiff. Dr. Cherry, the plaintiff went to help Mr. Chapman who was thrown free fro his car and was lying injured on the road. McLean v Tedman. CHAPMAN V. HEARSE (1961) 106 CLR 112. The Scope of Reasonable Foreseeability Chapman v Hearse (1961) 106 CLR 112 Chapman, due to his negligent driving was involved in an accident, on a dark and gloomy night. Chapman v Hearse, Baker v Willoughby: HL 26 Nov 1969. Proximate cause Car and was lying injured on the road turned over, and killed struck Hearse... 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