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Torts Assignment 1
13 Pages • Essays / Projects • Year: Pre-2018
Whether D owes P a duty of care requires the P to establish first whether the risk of injury to P was reasonably foreseeable, that is ‘real and not far-fetched (Sullivan) or ‘not unlikely’ (Chapman). At the duty stage, the application of the test of foreseeability is generalised and the threshold is ‘undemanding’ (Jaensch (Deane J)). On the facts, it seems possible (if not likely - and probability is not a requirement) that P’s child, might suffer injuries if left exposed to the dangerous environment. Foreseeability is, therefore, apparently unproblematic, as it is a low threshold.
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