| 词条 | Gartside v Sheffield |
| 释义 |
}}{{Infobox court case | name = Gartside v Sheffield | court = Court of Appeal of New Zealand | date_filed = | image = Coat of arms of New Zealand.svg | date decided = 01 June 1983 | full name = Jack Gartside v Joseph Thomas Sheffield(1st Defendant), Arthur William Young(2nd Defendant), Peter David Ellis(3rd Defendant), Trevor Clendon Gould(4th Defendant), John Keith Radley (5th Defendant) | citations = [1983] NZLR 37 | judges = Cooke P, Richardson J, McMullin J | prior actions = | subsequent actions = | opinions = | transcripts = Court of Appeal judgment | Keywords = negligence }}Gartside v Sheffield [1983] NZLR 37 is a cited case in New Zealand regarding liability for negligence cases against lawyers [1] BackgroundWinnifred Herrold, aged 89, after suffering a fall and being admitted to a retirement home, on 2 October 1978 contacted her solicitor at the law firm of Sheffield, Young & Ellis (later to merge with Chapman Trip) to draw up a new will to leave the bulk of her estate to Jack Gartside. The solicitor visited her at her resthome on 5 October and took her instructions to draw up the new will. However, Herrold died on 12 October, without her solicitor getting her to sign the new will. This resulted in Gartside getting nothing from the estate, as the estate was given to her sister under a previous will. Gartside claimed the lawyers were negligent, whilst the lawyers said they did not owe a duty of care to a mere beneficiary. Gartside sued the 5 partners of the law firm, which were able to get his claim struck out by the High Court. He appealed. HeldThe Court of Appeal reinstated his claim, saying they did owe a duty of care to a beneficiary. References1. ^{{cite book |title=Butterworths Student Companion Torts |edition=4th |last1=McLay |first1=Geoff |publisher=LexisNexis |ISBN=0-408-71686-X|year=2003 |page=}} {{NewZealand-case-law-stub}} 4 : Court of Appeal of New Zealand cases|1983 in New Zealand law|1983 in case law|New Zealand tort case law |
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