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landmarks in the common law

Reasonable foreseeability in Bolton and Gray

Ian Yule analyses the cases of Bolton v Stone (1951) and Gray v Workington Golf Club (2016) within the context of the reasonable person test

Bolton v Stone is an excellent illustration of the risk factor of reasonable foreseeability, which has to be considered when deciding on the application of the reasonable person test for breach of duty of care.

The claimant was hit by a cricket ball struck from the cricket ground, which was surrounded by a 5m fence. This particular ball was only the sixth in 30 years to be hit out of the ground, and no previous balls had ever caused either personal harm or property damage.

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