He also says that in deciding if theres a breach that

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would take reasonable care for their own safety. He also says that in deciding if there’s a breach that there would be no point of a sign, unless it would make a difference. The mishap was so remote. Just because its foreseeable doesn’t mean you have to do something, and just because it hasn’t happened b4 . Public policy- limited money, have to do lots with it. If they put up a fence then will not have money for anything else. Natural setting, fence will ruin the aesthetics of the beauty of the cliff top. Small probability of it occurring. Destroy natural beauty of area, will be expensive (will need more fence than just for car park), have better things to use money on, weighed up. A reasonable person wouldn’t do anything to help them. Mckay: no breach. Duty to take rc, not to foresee every possible injury. Took into account people who’d go to cliff top- anyone would go there, a public place. Anyone can go there, council cannot stop who goes there and therefore should have to provide for every single person. 15 and drinking, not young enough not to understand not to go to the edge of a cliff. o Also see s 14G Wrongs Act : Consideration of Intoxication and Illegal Activity (1) This section applies to a claim for damages in respect of death or personal injury brought by a person (the plaintiff) against another person the defendant) alleging negligence. (2) In determining whether the plaintiff has established a breach of the duty of care owed by the defendant, the court must consider, among other things- (a) Whether the plaintiff was intoxicated by alcohol or drugs voluntarily consumed and the level of intoxication; (Romeo) o Doesn’t apply if drink is spiked o Only applies for personal injury (not property) (b) Whether the plaintiff was engaged in an illegal activity . (Gala) (ii) Gravity of Consequences/ Degree of Risk (Likely seriousness of the harm) [ S 48(2)(b)] More serious the possible harm, the more likely to take precautions If defendant knows or ought to know plaintiff is particularly susceptible ( ie plaintiff’s characteristics may be relevant here) - affects Standard of Care. P could be hurt more badly than if it happened to anyone else Examples: o Paris v Stepney Borough Council : Potential seriousness of injury: Special characteristics of victim : D a Local Authority employed Paris, P, as a garage mechanic. P had lost the sight of one eye during the war (had only one eye). In order to loosen a stiff bolt in a car he struck it with a hammer; a piece of metal flew off and (because he was not wearing goggles) struck him in his good eye, causing him to become totally blind. P said: should have had goggles to prevent it. D said no one got goggles why should only he get goggles if no one gets goggles. Greater impact if he gets injured, as he only has one good eye. Is the employer liable? Trial Held : D was not negligent, no duty to give goggles, not more likely to get injured than someone else. Same standard for every worker, even if it made a greater impact on him. Appeal to HOL Held : Chance of one or two eyed people being injured is the same (not more likely) but the gravity of the injury is relevant. Not only how likely is it but also how badly will it be if P is hurt? The probability of such
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