Statistically abnormal plaintiffs levi v colgate 9

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Statistically Abnormal Plaintiffs: Levi v Colgate 9 - Abnormal condition did NOT give rise to a D.o.C P and allergy sufferer used salts produced by D. D had an allergic reaction. P said there should have been precautions taken. Court held that people of abnormal susceptibility to certain conditions where not owed a special D.o.C. 6 Chapman while driving his car negligently collided with a vehicle in front of him. He was thrown from the vehicle and a passing doctor stopped to render assistance. Hearse, who was driving on the road which was wet ( and it was night ) hit the doctor, the doctors estate successfully sued Hearse. Hearse then sued Chapman for partial compensation. 7 An employee of LIR Co. was assisting a passenger board a train, the employee negligently dislodged a package which contained fireworks. The package fell and exploded causing a large scales of the other side of the platform to fall on P. 8 P heard but did not see a collision between a motor cyclist and a car. When P arrived the body of the motorcyclist had been removed. P’s action failed because it was not RF. 9 See notes. 5
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The situation will be different if the D knows the plaintiff has a certain ailment. Haley v London Electricity Board – Abnormal condition DID give rise to a D.o.C P fell into a trench. P was blind. D took reasonable steps to stop a seeing person from falling into trench. Court held a D.o.C did exist, and that the D had to ensure a blind person could know that a trench existed. The tension between the two cases can be resolved in one of two ways: 1. The state of knowledge has been advanced. Little was known at the time about allergies, and today the case may be decided differently, but at the time issues to do with blindness where apparent. 2. The courts may be aware of diversity in society. Sullivan v Moody 2001- Established that even though RF was made out a D.oC could not be established. 6
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Proximity Jaensch v Coffey – Proximity approach posited. The proximity approach is established, and although not the law today it may be useful in establishing a D.o.C. Proximity is defined as a relationship of nearness of closeness. There are three categories of proximity and they are: Physical – Time and Space Circumstantial – Employer / employee Causal – Coincidental Home Office v Dawson Yacht Co. (England) – Proximity shown to help create a duty where RF could not be made out. Group of juvenile offenders where taken on an excursion to the Yacht club. The offenders made their way to the jetty and stole a yacht. If RF was the only test then, a D.o.C could not exists, however the proximity approach helped solve the problem here and a D.o.C was established. Gala v Preston – Proximity approach shown not to create a Duty where one clearly exists.
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