These risks, damages or harm are what the defendant is liable for. We will be looking at the analysis Glass JA makes in relation to duty, breach and proximity/remoteness and its application to personal injury in the tort of negligence.
Foreseeability Duty:
A defendant will only owe a duty of care to the plaintiff if it is reasonably foreseeable. The modern concept of duty of care was born by Lord Atkin in Donoghue v Stevenson , in which the duty of care was limited to guarding against person injury and property damage. This was only in cases where such injury or damage was, or ought to have been, within the reasonable contemplation of the defendant. Moreover, in Cook v Cook, the court suggested that the normal standard for