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Foreseeability

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The facility to perceive, know in advance, or reasonably anticipate that damage or injury will probably ensue from acts or omissions.

In the law of Negligence, the foreseeability aspect of proximate cause—the event which is the primary cause of the injury—is established by proof that the actor, as a person of ordinary intelligence and circumspection, should reasonably have foreseen that his or her negligent act would imperil others, whether by the event that transpired or some similar occurrence, and regardless of what the actor surmised would happen in regard to the actual event or the manner of causation of injuries.


foreseeability n. reasonable anticipation of the possible results of an action, such as what may happen if one is negligent or consequential damages resulting a from breach of a contract. (See: foreseeable risk, negligence)



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A sampling of specific topics includes: strict liability versus negligence, causation and foreseeability, tort damages, pure economic loss, non-pecuniary losses, punitive damages, environmental liability, products liability, medical malpractice, the empirics of tort, no-fault compensation systems, tort law and liability insurance, and more.
Much has been written on the notion of reasonable foreseeability in negligence actions.
: A New Head of Damages for Wrongful Dismissals Overruling Wallace: A Positive Change in the Law Justifying Damages for Mental Distress in Wrongful Dismissal Cases The Mismatch Between the Principle of Reasonable Foreseeability and the Rule in Keays The Duty of Good Faith.
 
 
 
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