Counter Argument
While Π could not have known how fragile his leg was, he knew more about the subject than the Δ. Π knew of the previous injury and that it was still healing. Therefore, "fragile" party is more likely to have more knowledge of potential fragility than is the tortfeasor. The party with more knowledge has an incentive to take appropriate precautions.
Instead of foreseeability as a cornerstone, knowledge in the possession of both parties and evidence of the circumstances must be considered. See Hadley v Baxendale. A reasonable person might conclude, it is more pragmatic to deal with the problem by holding the most knowledgeable to a standard of appropriate precaution than having everyone in the world treat everyone else like an egg.
Read more about this topic: Vosburg V. Putney
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