BLAW 150 Lecture 2: Untitled document (1)
Document Summary
Reasonable foreseeability : this is an objective test of whether a reasonable person in the defendant"s position would have recognized the possibility that his activities might injure the plaintiff. The theory is that the plaintiff should not be denied compensation simply because the defendant was not paying attention; on the other hand, it would be impossible for any defendant to foresee all possible dangers. Proximity or causation put simply, there must somehow be a close and direct connection between the parties. therefore, depending on the facts of the situation, a relationship of proximity may arise from: physical proximity; . This is because the risks associated with statements are often far less apparent than the risk associated with actions. As well, the impact of a careless statement can be almost limitless whereas the risks associated with physical actions are limited in time and space.
