Dear Colleagues,

 

I'm almost sure that, in the past few years, I've read at least one Commonweath or American case where the judge made the point that in the counterfactual comparison processs, the negligent conduct is replaced with the minimum level of not-negligent conduct. Does anybody recall such a case?

 

Thanks in advance

 

David Cheifetz

 

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Smockum Zarnett Percivial

Toronto, Canada