Philosophy 2080 Lecture Notes - Lecture 3: Hockey Puck, U-Bolt, Ginger Beer
4 Dec 2017
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The word foreseeable alone can"t be the complete answer. Even the most remote possibility of an injury would attract liability if a duty of care arose just because something was foreseeable. Facts: defendant cricket club, batsman hit a cricket ball, over the 7" high fence, ball hit the , standing 100 yards from the wicket , sued club for his injuries. Held: for the def at trial, for on appeal, appealed to h of l. Balls hit over the fence about once every three seasons. P 1-45, the test , risk of damage to person on the road so small, reasonable man would have thought it right to refrain from taking steps to prevent the danger. 2 factors: 1: how remote the chance of injury; 2: how serious the likely injury. General motors was subject to legal action for faulty brakes in the 1980"s citation automobile.
