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Mar 30, 2009

Tort- duty to care Smith & Ors. v. Littlewoods Organisation Ltd., (1987) AC 241, The defendants purchased a cinema building with the intention of demolishing it and replacing by a super market. The cinema after doing some work remained omitted and unattended. Security of the building was from time to time overcome by children and young persons and vandalish took place in and around it including an attempt to set fire to some old films in an adjoining closet and an attempt to light a fire in the cinema itself. On July 5, 1976, a fire was deliberately started in the cinema by children or teenagers, as a result of which the cinema burned down and an adjacent cafe and billiard saloon and a nearby church belonging to the users were seriously damaged. An action was brought against the defendants for damages claiming that the damages to the property was caused due to defendants' negligence in not driving off the children causing the damage. The House rejecting the claim, speaking through Lord Brandon of Oakbrook had held that there should be "careless breach of duty"

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