Defendant’s duty to take care depends on reasonable foresee ability to injury which may be caused to the plaintiff on breach of duty. This foresee ability depends on the circumstances of each case.

Liability of defendant depends on two considerations:

(a) What a reasonable man would have foreseen

(b) In what way he would have behaved, to avoid injury to the plaintiff.


The defendant must satisfy both points dealing with reasonable conduct under the given circum­stances, positively he is presumed to be free from both, over apprehension and from over confidence. It is his reasonable contemplation which set the liability of defendant.