Chapter 5

Question 1

What is the Reasonable Foreseeability test?

Answer 1

A test to determine whether a duty of care was owed. It is as follows:

If it would be apparent to a prudent person that the conduct was likely to cause injury.

Question 2

What is the Reasonable Foreseeability test?

Answer 2

A test to determine whether a duty of care was owed. It is as follows:

If it would be apparent to a prudent person that the conduct was likely to cause injury.

Question 3

The Ann’s case created a two stage test to determine the existence of a duty of care. What is the test?

Answer 3

1.) Foreseeable injury and proximity

Foreseeable - Injury to plaintiff was reasonably foreseeable.

Proximity - there is a relationship between the parties such that the plaintiff was a class of persons who are so closely and directly affected by the act, the defendant should have had them in mind.

2.) Provides exceptions or modifications to the primary test for policy reasons.

Is there a reason that a duty should not be imposed.

Should scope or class size be reduced?

Should damages be reduced?