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Gorris v. Scott | [1874] 9 L.R. (Exch.) 125
Nearly every statute that any legislature enacts, and nearly every rule that any rulemaker issues, comes with unintended consequences. A century and a half ago, the British Court of Exchequer considered whether a new rule created an unintended cause of action in Gorris versus Scott.
Great Britain’s Parliament had passed an act authorizing Queen Victoria’s Privy Council to take steps necessary to prevent imported cattle, sheep, or other animals from bringing contagious diseases into the nation. Pursuant to the act, the council issued an order in 1871 requiring vessels bringing sheep and cattle into British ports to house the animals in divided pens of specified dimensions. The floor of each pen was to have battens or other footholds.
Gorris hired Scott to transport a number of sheep from Hamburg, Germany, to Newcastle, England. Scott’s ship didn’t have the required pens or footholds. During the passage, a number of sheep were washed overboard and lost.
Gorris sued Scott, alleging that Scott’s failure to comply with the Privy Council order was negligent, and that Gorris’s sheep were lost as a result of Scott’s negligence. Scott filed a demurrer, similar to a modern motion to dismiss for failure to state a claim for which relief may be granted.
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