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Donald owns a property with a large backyard that is unusually brightly lit at night by floodlights. For months he has asked local teenagers to
Donald owns a property with a large backyard that is unusually brightly lit at night by floodlights. For months he has asked local teenagers to stop using his yard as a 'short cut' to the bus stop. He even put up a warning sign. These warnings however are ignored by the teenagers. Donald decides to put in a pool and hires a contractor to excavate a large hole in the backyard. One evening, Donald decided not to switch on the floodlights. At 11PM, Hamish (one of teenagers who frequently use the yard as a short cut) fell into the hole and suffered serious injuries. Issue: Does Donald owe a duty of care to Hamish? Rule: Neighbour test - Donoghue v Stevenson Neighbour relationship Reasonable foreseeability e 7 " B I SS > * Application: Conclusion: Donald owns a property with a large backyard that is unusually brightly lit at night by floodlights. For months he has asked local teenagers to stop using his yard as a 'short cut' to the bus stop. He even put up a warning sign. These warnings however are ignored by the teenagers. Donald decides to put in a pool and hires a contractor to excavate a large hole in the backyard. One evening, Donald decided not to switch on the floodlights. At 11PM, Hamish (one of teenagers who frequently use the yard as a short cut) fell into the hole and suffered serious injuries. Issue: Does Donald owe a duty of care to Hamish? Rule: Neighbour test - Donoghue v Stevenson Neighbour relationship Reasonable foreseeability e 7 " B I SS > * Application: Conclusion
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