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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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Foreseeability is a crucial element in liability cases, especially in those involving negligence.
Unlike negligence, a defendant will be found liable for all consequences of a wrongful conduct, whether intended or not, and regardless of foreseeability or lack thereof (Linden & Klar, 2001, p.
Finally, the third item is critical to the legal hold decision, yet it is difficult to standardize as all sources point to reasonable foreseeability and, at times, outright prediction.
 
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