Comment 107779

By CharlesBall (registered) | Posted January 12, 2015 at 11:01:45 in reply to Comment 107765

Is any pedestrian who walks into an intersection without first stopping, looking left right and behind and then proceeding negligent? Technically yes, but luckily the Highway Traffic Act http://www.e-laws.gov.on.ca/html/statute... creates a reverse onus. This is discussed further on this site here http://raisethehammer.org/article/2006/h...

The ancient history of tort law addresses wrongs committed between parties. In Common Law the traditions go back to the Magna Carta (see http://en.wikipedia.org/wiki/Magna_Carta... Your suggestions would overturn centuries of law.

I am not saying that things should be done one way just because they have always been done that way. However, there is wisdom in time tested case law which has evolved over centuries.

A law professor form Yale once said that the law should be like the Holiday Inn - No surprises.

The City is a corporation; a corporation created by statute. In other words it is the same as a private individual in a legal sense and owes duties to others much in the same way. It is complicated in that Municipal Corporations are afforded many statutory protections that private people are not afforded, but essentially if you advocate for blanket immunity to fight obesity, there will be a myriad of significant repercussions, the most obvious being that victims of municipal negligence will have no remedy for the harm they suffer.

Comment edited by CharlesBall on 2015-01-12 11:03:30

No one believes more firmly than Comrade Napoleon that all animals are equal. He would be only too happy to let you make your decisions for yourselves. But sometimes you might make the wrong decisions, comrades, and then where should we be? George Orwell

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