Question

PRINCIPLE A person is not liable for every harm which comes from the act but is only liable for those harms which can be reasonably foreseen at the time of the injury.

FACTS Sumati, who was being threatened by armed robbery pulled the railway chain. The engine driver recorded the chain pulling but did not stop thinking it to be the work of mischievous passengers wishing to alight before the station. As a result, no help came to Sumati, who was robbed and injured. The suit brought by her was resisted by the railways. As a judge, you would

Options

• award damages to Sumati for the negligence of the engine driver

• award partial damages to Sumati as the driver was negligent, but could not have foreseen the extent of harm

• not award damages to Sumati as the driver was under a genuine mistaken belief

• None of the above

Answer 1

award damages to Sumati for the negligence of the engine driver