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Re: Water Uptake

Subject: Re: Water Uptake
From: Andersonarb
Date: Jan 23 2002 18:08:35
In a message dated 23/01/02 14:01:44 GMT Standard Time, jbirtles@xxxxxxxxxxx.gov.uk writes:


The nub of the matter is that the judge decreed that "one takes one's victim as one finds him" and went on to set the precedent that you cannot base a defence on "what should have been" or "what one would normally expect"


Yeah Jerry.... BUT.
The point is well made but look at it from the other end: If the bloke with the thin skull had say been playing Cricket or something and got thumped over the head and died there wouldn't be a case to answer. If the bloke knew he had a thin skull he might have worn a crash hat or something. Shouldn't the thin skulled foundations have some sort of protection? or give up Cricket? Did the house choose to play near the trees?

I dunno, I'm just a confused Arb. But it seems to me the purpose of a foundation is to take account of these volume fluctuations, otherwise why have a foundation at all?

Dammit, I'm more confused.

Bill.

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