What is the test for the defence in a personal injury case?

Saskatchewan, Canada


The following excerpt is from Imperial Bank of Canada v. Annable Co. Ltd., 1925 CanLII 101 (SK CA):

There is, however, another principle upon which some of these claims can be supported as a defence if we eliminate the defendants’ demand for damages, and that is, the principle laid down in Williams v. Price, 1 Sim. & S. 581 (57 E.R. 229), the headnote of which reads as follows: Where a creditor takes from his debtor an assignment of a debt due from a third person as a security for his demand, and, by his wilful default, the debt becomes irrecoverable, he must bear the loss.

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