First Principles of Business Law

The tort of Negligence

4.1.The foreseeablity of harm

4.1.4. Determining who might foreseeably be harmed?




Read the facts below and then answer the question.

A is employed by a railway company as a guard at a railway station. A sees two persons running to catch a train that is leaving the station. A tries to help these passengers but while doing so, A bumps a small parcel wrapped in newspaper that one of the passengers is holding. Unknown to A the package contains fireworks. The package falls to the ground and explodes. The explosion causes machinery at the other end of the platform to fall over and strike another passenger C, injuring her.

A argues that he did not owe a duty of care to C because in these circumstances it was not reasonably foreseeable that his carelessness in bumping the parcel could cause harm to persons such as C who were standing far away at the other end of the platform. Is A correct?

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