Nhu is riding her motorbike down the street at 150 kilometers per hour. The document discusses whether Nhu would owe a duty of care to other drivers on the road, pedestrians, and owners of property near the street, as injuries to these groups would be reasonably foreseeable. It also provides hypothetical scenarios involving a chain of events from Nhu hitting another driver up to a woman brushing her teeth in a building that collapses dying. The document determines that the injury to the woman brushing her teeth would likely not be considered reasonably foreseeable for Nhu.
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Reasonable Foreseeability Slides
1. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. Who does she owe a duty of care to?
2. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. Other drivers? Is it reasonably foreseeable that other drivers might be injured?
3. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. Pedestrians? Is it reasonably foreseeable that people walking down the street might be injured?
4. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. Owners of property next to the street? Is it reasonably foreseeable that property next to the street might be injured?
5. Step 1: Duty of Care Sure she owes them a duty of care – it is reasonably foreseeable that if Nhu drives so quickly, she may injure these types of people. Other Drivers Pedestrians Owners of Property *In fact, courts have RECOGNIZED these duties of care – have said that drivers do owe a duty of care to other drivers, pedestrians, and owners of property near the street
6. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. What if Nhu hits a driver . . .
7. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. And causes the driver to hit pedestrians . . .
8. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. And the pedestrians go flying through the air . . .
9. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. And hit an old building . . .
10. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. And the old building cracks into pieces . . .
11. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. And a woman brushing her teeth on the top floor of the building . . .
12. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. And a woman brushing her teeth on the top floor of the building . . . falls out of the crack . . .
13. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. And a woman brushing her teeth on the top floor of the building . . . falls out of the crack . . . and dies???
14. Step 1: Duty of Care Nhu is riding her motorbike down the street at 150 kilometers per hour. Does Nhu owe the woman brushing her teeth a duty of care? Duty of Care?
15. Step 1: Duty of Care Prrobably not. It’s not reasonably foreseeable that Nhu’s act or omission would injure that woman.
16. Step 1: Duty of Care NOT REASONABLY FORESEEABLE REASONABLY FORESEEABLE The court must draw a line somewhere – who is it really reasonably foreseeable for Nhu to think about before she drives too quickly?
17. Step 1: Duty of Care NOT REASONABLY FORESEEABLE REASONABLY FORESEEABLE And on your quizzes, midterms, and final, you are the court. You must decide whether the type of person injured should have been reasonably foreseeable to the defendant before they acted (or failed to act).
