GMGT 3300 Chapter 12: Commercial Law Textbook Topic 57

• School: University of Manitoba
• Department: General Management
• Course: GMGT 3300
• Professor: Ian A.Restall

Document Summary

A motorcyclist causes an accident carelessly and dies in the accident. A pregnant woman a block away and around the corner hears the accident is shocked and miscarries. She sues the estate of the motorcyclist for negligence. Not reasonably foreseeable therefore she was not awarded damages because he didn"t owe her a duty of care. The courts have put limits on reasonably foreseeing plaintiffs. When something involves some form of metal shock, they have put limits on a reasonably foreseeable plaintiff. E. g. on a busy street corner someone driving around the corner, and something sharp and metal falls out the back of his car and slices someone"s head off. The people who are standing on the corner are traumatized. Under normal conditions there was a duty to care owed to the observers, however, public policy says only loves ones, and family can sue, therefore the observers who are strangers cannot sue.