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A doctor dr cherry happened to be driving along that

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to flip over and he flew to the middle of the road. A doctor, Dr Cherry, happened to be driving along that road at the same time, so he got out to help. Dr Hearse was driving along the road, it was dark and wet, and drove into Dr Cherry, killing him. Dr Cherry left behind a wife and 4 kids. Hearse sued Chapman (D) saying that Dr Cherry only died because of Chapman, who was driving carelessly. He had to show that Chapman owed a duty of care to Cherry. HC Held : Chapman did owe a duty of care. Chapman said he owed no duty of care to Cherry because none of the events were reasonably foreseeable. However, Reasonable foreseeability does not mean the foreseeability of the precise sequence of the events. Joint Judgment (CB 166): [I]n order to establish the prior existence of a duty of care with respect to a plaintiff subsequently injured as the result of a sequence of events following a defendant’s carelessness it is not necessary for the plaintiff to show that the precise manner in which his injuries were sustained was reasonably foreseeable; it is sufficient if it appears that injury to a class of persons of which he was one might reasonably have been foreseen as a consequence.’ . Eg. It is reasonable foreseeable that when you’re driving you can harm those around you or that you might see on the road. Very general classing. Joint Judgment (CB 166): ‘It is, we think, sufficient in the circumstances of this case to ask whether a consequence of the same general character as that which followed was reasonably foreseeable as one not unlikely to follow a collision between two vehicles on a dark wet night upon a busy highway.’ Caterson v Commision forRailways : P going to a train station to see off a friend. P was helping the friend put the suitcases on the D’s train when the train without warning started moving. P jumped off and injured himself. P sued D, said D owed P a duty of care. P jumped off because he didn’t want to leave his young child behind, came with him to the station and was waiting for him on the platform. Reasonably foreseeable? Likely, seriously possible, not unlikely, therefore D is liable. Likes not unlikely- don’t need to show more likely than not and not worrying about probability. Reasonable Foreseeability of Damage to the Plaintiff 1st of the 2 things needed for a DOC to be owed by a defendant to a plaintiff can be summarized as: The risk of injury in some way to the plaintiff or the class of persons of which the plaintiff is a member, as a result of the def’s activity, must be reasonably foreseeable ( not unlikely) Ie need to consider: 1. What class of persons might possibly be put at some risk of injury in some way if the defendant failed in some way to take reasonable care? 2. Is the plaintiff one of those people? (c) Foreseeability of Vulnerable Plaintiffs Bourhill v Young [1943] : Duty of care: Proximity: Foreseeable: P was a pregnant woman waiting for a tram. The tram was coming up but behind it, about 15 yards away, were a car and a motorcyclist. There was a crash; the motorbike collided into the car. P couldn’t see the crash, as the tram blocked the view and she was in no physical danger. The motorcyclist, D, was
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