{{Infobox court case , image = Daimler SP250 Dart green vl.jpg , name = Livingstone v Roskilly. , court = New Zealand High Court at Auckland. , date_filed = , date decided = 2 March 1992. , full name = Mark David Livingstone v Nigel Roskilly (trading as CLASSIC CAR STABLE) , citations =

992 Year 992 ( CMXCII) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Worldwide * Winter – A superflare from the sun causes an Aurora Borealis, with visibility as fa ...

3 NZLR 230; (1992) 4 NZBLC 102,640. , judges =

Thomas J Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 19 ...

. , prior actions = District Court, Auckland , subsequent actions = , opinions = , transcripts = , Keywords =

Contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to ...

Exclusion clause An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules lim ...

Bailment Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains ownership. The owner who surrenders custody to a property is called the "bailor" and the ind ...

. ''Livingstone v Roskilly''

3 NZLR 230 was a 1992

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 List of islands of New Zealand, smaller islands. It is the ...

appeal case questioning whether an "all care, no responsibility" clause excluded liability for negligent damage to a bailor's goods.

Facts

Livingstone had bought a

Daimler Dart Dart or DART may refer to: * Dart, the equipment in the game of darts Arts, entertainment and media * Dart (comics), an Image Comics superhero * Dart, a character from ''G.I. Joe'' * Dart, a ''Thomas & Friends'' railway engine character * Da ...

from Roskilly, who ran a classic car stable. The car required some further work which Roskilly agreed to undertake. The work was done by Friday, and the car was left in the garage over the

long weekend A long weekend is a weekend that is at least three days long (i.e. a three-day weekend), due to a public or unofficial holiday occurring on either the following Monday or preceding Friday. Many countries also have four-day weekends, in which ...

. Over the weekend the car was stolen. Mr Livingstone

sued - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...

Mr Roskilly for the value of the car. The two questions before the District Court were, first, whether Mr Roskilly had taken all

reasonable care In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be establis ...

to prevent the loss of the car and, secondly, whether he was

exempt Exemption may refer to: * Tax exemption, which allows a certain amount of income or other value to be legally excluded to avoid or reduce taxation * Exemption (Catholic canon law), an exemption in the Roman Catholic Church, that is the whole or ...

from liability by reason of the notice that was displayed in the garage workshop. The District Court Judge held that the lock on the garage door was inadequate, particularly as the key to the car was left in its ignition. Mr Roskilly was therefore held to have acted negligently. The sole question on appeal was whether the notice that was displayed in the workshop excluded Mr Roskilly's liability in

negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as ...

for the

bailment Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains ownership. The owner who surrenders custody to a property is called the "bailor" and the ind ...

of the car. The sign read: "ALL VEHICLES STORED and DRIVEN at OWNERS RISK All Care Taken: NO RESPONSIBILITY."

held there was no exemption. The sign was to be interpreted such that "All Care" meant that the car would be fully secured at the garage. Only after being secured would the "No Responsibility" clause be triggered, covering Roskilly from any damage arising. As the car was not secure, and negligently so, the responsibility clause was not triggered. Therefore, Mr Roskilly was not exempted from liability in negligence. Livingstone v Roskilly was distinguished on its facts by Shipbuilders v Benson

3 NZLR 549 in the Court of Appeal soon after.

References

002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a '' Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...

NZLJ 449,

996 Year 996 (Roman numerals, CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Fujiwara no Takaie, Ta ...

NZLJ 407,

993 Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...

NZ Recent Law Review 35, (2009) 15 NZBLQ 151
(1994) 24 VUWLR 289
1992 in case law High Court of New Zealand cases 1992 in New Zealand law