Business /commercial law revision kit question and answer

(b) In relation to the law of tort, explain the following rules:
(i) Reasonable foresee ability. (4 marks)
(ii) Egg shell skull (4 marks)

ANSWER
(i)
• The principle of reasonable forseability is applied in determining whether the defendant is liable for the loss or damage arising.
• It is the likelihood of the loss or damage being caused the negligent act or omission of the defendant.
• The defendant is only liable if a reasonable person would have forseen the likelihood of the loss or damage otherwise the same is said to be too remote and irrecoverable.
• This principle was applied in The Wagon Mound Case where it was held that the negligent ship captain was not liable as the loss in question was not reasonable forseable.
• Under this principle, the defendant is liable for the loss or damage irrespective of its character, if some form of loss or damage was reasonably forseable. As was the case in Bradford V. Robinson Rentals Ltd.

(ii)
• This is a rule applicable in the recovery of damages the plaintiff.
• It is to the effect that the defendant must take the victim as he finds him.
• Simply put, the defendant cannot allege that the victim would have suffered no injury or less injury but for his unusually thin skill or weak heart.
This is the case in circumstances in which the plaintiffs injury is aggravated a combination of his abnormality and some external force which forseably and naturally intervenes after the accident.



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