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POL- Oct29 - Lecture 7 Mustafa Had been using Culligan...

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Lecture 7 Mustafa – Had been using Culligan water dispensers in his home and at work. -Was changing the bottle at home when noticed a fly in the bottle -His wife vomited and felt abdominal pain -He vomited later and also felt abdominal pain -He claimed he suffered from many psychological ailments -Are the ailments possible/reasonable -If there is potential for physical harm, then there need not be any reasonable ‘foreseeability’ for nervous shock -Must always come back to duty of care -always a duty of care to foreseeable plaintiff -Mustafa’s reaction was found to be quite odd -There was a duty of care and standard of care both of which were breached but not towards this specific plaintiff -Mustafa’s reaction was too unlikely to be a foreseeable plaintiff -Not foreseeable that injury would result from this -Thin skull rule applies – take your victim as you find them – but only taken into account after liability is found Review Steps for duty of care ***
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1. Duty of Care 2. Standard of Care 3. Breach of Standard
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