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Posts Tagged ‘torts’

This is a Lego recreation of the famous (1928) New York Court of Appeals case, Palsgraf v. Long Island Railroad, which established the concept of Proximate Cause in Negligence law.

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“Seeing that it is compulsory to fit seat belts, Parliament must have thought it sensible to wear them. But it did not make it compulsory for anyone to wear a seat belt. Everyone is free to wear it, or not, as he pleases. Free in this sense, that if he does not wear it, he is free from any penalty by the magistrates. Free in the sense that everyone is free to run his head against a brick wall, if he pleases. He can do it if he likes without being punished by the law. But it is not a sensible thing to do. If he does it, it is his own fault; and he has only himself to thank for the consequences” ~ Lord Denning in Froom v Butcher, [1975] 3 All E.R. 520 (C.A.) at pp.525-7

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“The law does not impose a duty to eliminate risk. It accepts that competent people have the right to engage in risky activities.” ~ Chief Justice McLachlin in Childs v Desormeaux, Supreme Court of Canada. [2006] S.C.J. No. 18, [2006] 1 S.C.R. 643. at para 39.

I agree with Dean Feldthusen that highlighting personal autonomy and the right to take risks might not be the most compelling way to frame the argument that social hosts should not be held liable for injuries caused to third parties by their drunken guests. I do however, LOVE this quote and think we need reminders now again that there is no life without risk.

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