Is There Proximity Between Claiment And Defendant? Flashcards
0
Q
D, was a motorcyclist who was fatally injured. C was a pregnant fishwife 15 yards away who saw blood, but not see the actual accident. Caused shock & subsequently a miscarriage. What case was this?
A
Bourhill v Young
1
Q
Even if harm is foreseeable, a duty of care will on exist if ______ between the claimant & the defendant is ________ _____.
A
Relationship
Sufficiently Close
2
Q
What was held in Bourhill v Young?
A
C was not owed a duty of care if it was not reasonably foreseeable that the accident would cause to suffer such injuries. There was no proximity between C & D.