Is there any case law supporting the proposition that it is not necessary for a defendant to foresee the precise accident that happened to be liable?
Alberta, Canada
The following excerpt is from Cockerill v. Willms Transport (1964) Ltd., 2001 ABQB 136 (CanLII):
The Plaintiffs also cite Kjelland v. Hink [1975] A.J. No 151 for the proposition that it is not necessary for a defendant to foresee the precise accident that happened to be liable. The case is fact-driven in that a vehicle parked on the side of a gravel road at night for some period of time with its lights off was struck by another vehicle that was being driven with its headlights off. The driver of the parked vehicle was found to be 25 per cent at fault. The facts are so far removed from those in this case, however, that I do not find it to be helpful with respect to the issue of liability.
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