TRN305Y1 Lecture Notes - Lecture 16: Maple Leaf Foods, Livent, Mortgage Broker
Document Summary
Continuation of neglience & duty of care from week 4. Forms of liability as subsection of negligence. Strict liability under the law of torts. Courts willing to accept certain risks as unavoidable. A ball hit from cricket ground strikes claimant who was standing on a sidewalk, by her house, outside of the grounds. In 30 years, had cleared fence 6 times. Nor is the remote possibility of injury occurring enought [to establish negligence]; there must be sufficient probability to lead a reasonable man to anticipate it. The existence of some risk is an ordinary incident of life, even when all due care has been, as it must be, taken (lord potter) Chances so low that risk deemed unforeseeable. To completely eliminate risk of ball leaving grounds would require cricket grounds to close & be completely rebuilt to face diff direction. Would cost a lot of money to do.
