Burnard v. Haggis 1863(Case Summary)

This case is a significant English legal precedent concerning the liability of minors in tort. This case established that while minors are generally protected in contractual agreements, they can still be held liable for tortious acts that are separate from the contract.

Facts of Burnard v Haggis 

1. Burnard, a minor, hired a mare (a female horse) from Haggis’s livery stable.It was expressly agreed that the mare was to be used solely for riding purposes and not for jumping.
2. Contrary to the agreement, Burnard used the mare for jumping.This unauthorized use led to the mare fell on a stake and died.
3. Haggis filed a lawsuit against Burnard.

Issues framed

1. Whether a minor could be held liable for the unauthorized use of the mare?
2. Whether the unauthorized use constitutes a tort for which damages could be claimed?

Judgment of Burnard v Haggis

The Court analyzed the principles of governing contracts with minors and of tortious liability. 

The court held that while minors are generally protected under contract law, this protection does not extend to tortious acts that are separate from contractual agreements.In this case, the minor’s unauthorized use of the mare for jumping, contrary to the explicit terms of the hire agreement, constituted a tortious act independent of the contract.

The court held that Burnard was guilty of an actionable wrong and liable for the damages.