What is the common law duty of a dominant driver not to exercise their right of way if the result will be a collision which was reasonably foreseeable and reasonably avoidable?
British Columbia, Canada
The following excerpt is from Johel v. Insurance Corporation of British Columbia, 2012 BCSC 166 (CanLII):
The common law imposes a corollary duty on dominant drivers not to exercise their right of way if the result will be a collision which was reasonably foreseeable and reasonably avoidable (see Walker v. Brownlee, [1952] D.L.R. 450 (S.C.C.)).
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