Philosophy 2080 Study Guide - No Liability, Contributory Negligence

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: James Hildebrand

Document Summary

Bourhill v. young pregnant nervous shock & still born. 4 factor test (likelihood, severity, burden & social utility: standard of care. 4 factor test (likelihood, severity, burden & social utility: causation, material contribution & material increase in risk, remoteness - objective reasonable person standard foreseeability, novus actus interveniens, damages, pecuniary loss & non- pecuniary loss. Plaintiff was not a foreseeable plaintiff, as the accident was not foreseeable in the circumstances. Plaintiff was a foreseeable plaintiff, as the accident was foreseeable in the circumstances. 4 factor test indicates defendant was not liable. Plaintiff must show fault of defendant materially contributed to injury. Materially increasing the risk is the same as material contribution - allowable inference of fact. Plaintiff was a foreseeable plaintiff in terms of injuries but not in terms of wife leaving him. Ability to pay has never been regarded as relevant consideration in assessment of damages.