Law 2101 Lecture Notes - Lecture 22: Plastic Surgery, The Ottawa Hospital, Reasonable Person
22 Apr 2018
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A person of normal intelligence who make prudence a guide to his conduct. He does nothing that a prudent man wouldn"t do and doesn"t omit to do anything a prudent man would do. Fardon v harcourt chihuahua shoots itself through the windshield and the bystander gets injured from the glass splinters harm not foreseeable. There have been 6 homeruns in 30 years. Plaintiff"s face was fractured from a homerun. The reasonably careful person generally avoids creating a foreseeable risk of injury to others. The concept of foreseeability is a necessary but not a sufficient criterion of liability. When something is foreseeable other factors must be considered. The reasonable person takes greater care where there is a strong likelihood of damage and where the severity of the threatened harm is great. The reasonable person takes lesser care when the chance of damage is minimal and the severity of the threatened harm slight.
