sec.9General principles

### sec.9 General principles A person does not breach a duty to take precautions against a risk of harm unless— the risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and the risk was not insignificant; and in the circumstances, a reasonable person in the position of the person would have taken the precautions. In deciding whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (among other relevant things)— the probability that the harm would occur if care were not taken; the likely seriousness of the harm; the burden of taking precautions to avoid the risk of harm; the social utility of the activity that creates the risk of harm. (sec.9-ssec.1) A person does not breach a duty to take precautions against a risk of harm unless— the risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and the risk was not insignificant; and in the circumstances, a reasonable person in the position of the person would have taken the precautions. (sec.9-ssec.2) In deciding whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (among other relevant things)— the probability that the harm would occur if care were not taken; the likely seriousness of the harm; the burden of taking precautions to avoid the risk of harm; the social utility of the activity that creates the risk of harm. - (a) the risk was foreseeable (that is, it is a risk of which the person knew or ought reasonably to have known); and - (b) the risk was not insignificant; and - (c) in the circumstances, a reasonable person in the position of the person would have taken the precautions. - (a) the probability that the harm would occur if care were not taken; - (b) the likely seriousness of the harm; - (c) the burden of taking precautions to avoid the risk of harm; - (d) the social utility of the activity that creates the risk of harm.