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In this case the court discusses reasons for the rf

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In this case the court discusses reasons for the RF test as opposed to simply allowing every callous act to give rise to a duty the reason is two fold: 1. If every careless act would give rise to a DoC then “the law would subject citizens to an intolerable burden of potential liability”. 2. “The tort of negligence would subvert many other principles of law, and statutory provisions, which strike a balance between obligations, duties and freedoms. Chapman v Hearse Events need not be precisely foreseeable rather events of the same general character need to be RF. Facts: Doctor tries to help injured driver and dies Issue: Did Chapman (the first negligent driver) owe a duty of care to Dr Cherry even though it was Hearse who injured the doctor? Held: Sufficient in the circumstances of to ask whether a consequence of the same general character as that which followed was reasonably foreseeable. In order to establish a prior existence of a duty of care with respect to P subsequently injured as a result of a sequence of events following a D carelessness is not necessary for P to show that the precise manner in which his injuries were sustained was reasonably foreseeable. Sufficient if it appears that injury to a class of persons of which he was one might reasonably have been forseen as a consequence. Pailsgraf v Long Isla d Railway Co. (NY Decision) Limits on chain of events. Here the court held that the chain of events leading up to the scales falling on the P was not reasonably foreseeable by D, the case failed on the RF requirement. Here the court has held that the remoteness of the damage from the act was to great, meaning that according to the test laid down in Chapman v Hearse the events where not even in general character which should have been RF. There fore no DoC can exist. THE UNFORSEEABLE PLAINTIFF Bourhill v Young (English) Facts: Young was a motorcyclist who by his careless driving caused an accident in which he was killed. Bourhill who had just alighted from a tram across the road saw the blood on the road. Suffered nervous shock and had a miscarriage.
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Issue: Was it foreseeable that Bourhill would suffer such an injury provided she was not in close physical proximity? Also was can a duty of care be owed where it is foreseeable that some susceptible mothers might be also affected but not the ‘ordinary’ ones Held: He was in breach of his duty of care to numerous others in the vicinity of his driving, but as Bourhill was behind the tram, her physical position put the plaintiff outside the ambit of reasonable forsseability. o Lord Macmillan: “there was [not] any reasonable likelihood of her being affected by the cyclists careless driving Levi v Colgate-Palmolive Abnormal condition did NOT give rise to a D.o.C Facts: Got free samples of bath soap; used them and gave her an allergic reaction.
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