(i) The principle of reasonable forseability is applied in determining whether the defendant is liable for the loss or damage arising.
It is the likelihood of the loss or damage being caused by the negligent act or omission of the defendant.
The defendant is only liable if a reasonable person would have foreseen the likelihood of
the loss or damage otherwise the same is said to be too remote and irrecoverable.
This principle was applied in The Wagon Mound Case where it was held that the negligent ship captain was not liable as the loss in question was not reasonable foreseeable.
Under this principle, the defendant is liable for the loss or damage irrespective of its
character, if some form of loss or damage was reasonably forseable. As was the case in
Bradford V. Robinson Rentals Ltd.
(ii) Egg shell skull.
This is a rule applicable in the recovery of damages by the plaintiff.
It is to the effect that the defendant must take the victim as he finds him.
Simply put, the defendant cannot allege that the victim would have suffered no injury or less
injury but for his unusually thin skill or weak heart.
This is the case in circumstances in which the plaintiff's injury is aggravated by a combination of
his abnormality and some external force which foreseeable and naturally intervenes after the
accident.
maurice.mutuku answered the question on April 30, 2018 at 08:54
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