Chapman was left lying on the road after the accident. The plaintiff had negligently failed to see the defendant’s car approaching. Dr Cherry came to Chapman's assistance… McLean v Tedman. 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. 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. CHAPMAN V. HEARSE (1961) 106 CLR 112. Dr. Cherry, the plaintiff went to help Mr. Chapman who was thrown free fro his car and was lying injured on the road. 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.’ 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 negligently drove his vehicle causing it to collide with another vehicle and overturn. ON 8 AUGUST 1961, the High Court of Australia delivered Chapman v Hearse [1961] HCA 46; (1961) 106 CLR 112 (8 August 1961). Chapman was ejected from his vehicle and came to rest unconscious on the roadway. Chapman v Hearse. Proximate cause A Dr Cherry whilst in the process of helping him, was struck by Hearse, and killed. 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. While Dr. Cherry was attending to Chapman, Dr. Cherry was run over and killed by another which was driven by 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. Joslyn v Berryman. 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. And Haber v Walker: The plaintiff, a pedestrian had been struck by the defendant’s car while crossing the road. On a dark and wet night Chapman drove his motor vehicle into the back of Emery’s car. High Court of Australia – 8 August 1961. FACTS. Dr Cherry came upon the scene and left his motor vehicle and began to assist Chapman. His vehicle had turned over, and he was thrown onto the highway. 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. 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. There is no Novus Actus Interveniens where the intervening cause was reasonable foreseeable. 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