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Horsley v Maclaren [1972, Canada]


  • A boat owner was sued for negligence for the death of an overboard passenger and their rescuer


  • Could the boat owner be liable for the 2 deaths


  • No liability


  • Although the host had a duty to do the best he could to effect a rescue, he was not negligent in doing so
  • A duty to rescue can be owed though
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