What is the test for proximity between a person who sells goods at the same time as the person selling the goods at a different store?
Saskatchewan, Canada
The following excerpt is from Schultz Estate v. Longworth and Longworth (Alvie) & Sons, 1987 CanLII 4960 (SK QB):
Proximity is not confined to mere physical proximity but extends to such close and direct relations that the act complained of directly affects a person whom the person alleged to be bound to take care would know would be directly affected by his careless act. This applied to the sale of goods in Heaven v. Pender where the circumstances were admittedly different from the case at bar, but the principle nevertheless is the same.
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