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Date:
Wed, 3 May 2006 20:10:51 +0100
From:
Robert Stevens
Subject:
Childs v. Desormeaux
Professor Zipursky wrote:
Assume
that, among the set of acts that could be causes-in-fact of foreseeable
physical injury to others and could be characterized as risk-generation,
there is some subset that qualify as sufficient to trigger the default
rule of duty. Is hosting a star wars party among these acts? Is
being a social host at a party where alcohol is provided by the
hosts, in the manner of John's example 2? How about the unicycle
case? Richard seems to think that the subset is the whole set, as
do the Restatement (Third) drafters. We doubt it.
OK.
Why?
Robert
Stevens
Barrister
University of Oxford
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