Childs v Desormeaux [2006, Canada]

Facts

  • Following a social party, Desormeaux crashed his car into Childs, who was paralysed

Issue

  • Could the hosts (Zimmerman and Courrier) be liable for the incident, although it was directly caused by Desormeaux

Decision

  • No liability

Reasoning

  • Using the Anns test, harm to Childs was not foreseeable
  • Unless reliance is induced by the host, there will be no liability for the actions of guests
RELATED CASE  Roles v Nathan [1963]

Posted in Tort Law Revision Notes.

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