(Canada) A policeman was injured when a driver drove his car off the policeman’s arm was pinned in the window. The driver was held not liable in negligence, since by reason of severe mental disorder he was not capable of foreseeing the harm that resulted from his acts.
Held: Because the driver could not foresee the risk of harm there was no duty of care. ‘With great respect it seems to me that to apply the objective reasonable person test at the stage of assessing the standard of care, but to apply the different foreseeability test is effectively to apply an overall test which depends upon the individual defendant in question.’
Judges:
Collins J
Citations:
(1990) 64 DLR (4th) 84
Jurisdiction:
Canada
Cited by:
Cited – Mansfield and Another v Weetabix Limited and Another CA 26-Mar-1997
A lorry belonging to the defendants failed to take a bend crashing into the plaintiffs’ shop causing extensive damage. Mr Terence Tarleton, the driver later died, as did Mrs Mansfield. Mr Tarleton did not know he had malignant insulinoma, resulting . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 12 May 2022; Ref: scu.190022