196) The Seventh Circuit further noted that when the Supreme Court interpreted the term "direct" in the FSIA, it adopted the immediate consequence definition only after refusing to impute unexpressed substantiality and foreseeability
requirements onto the definition of "direct.
The court can use the Foreseeability
Doctrine to decide if the losses are recoverable.
A source of disagreement among the post-Tadic Courts is whether the foreseeability
of the commission of a crime not within the common plan is determined objectively (from a reasonable person's standpoint) or subjectively (from the defendant's standpoint).
The express recognition of the element of foreseeability
in determining the application of Labor Law section 240, coupled with a return to the Rocovich test of falling worker or falling object would remedy several ills.
The CESL has adopted a dual subjective/objective approach for its foreseeability
test: "The debtor [seller] is liable only for loss which the debtor foresaw or could be expected to have foreseen at the time when the contract was concluded as a result of the non-performance.
The plight of the small manufacturer imagined by the Justices, however, is a simplified scenario constructed to demonstrate the unwanted effects a simple foreseeability
test for stream of commerce personal jurisdiction could have on smaller businesses.
70) See supra note 3 and accompanying text (acknowledging foreseeability
as pertinent to the Restatement (Second) of Torts' standard for premises liability); see also Dos Santos v.
Under the foreseeability
approach, a question of fact would exist as to whether the bank was a foreseeable third party who could be expected to rely upon the audit report.
The Court also was concerned that the use of a reasonable foreseeability
test to evaluate officers' actions under the exigent circumstances exception would lead to an unacceptable degree of unpredictability.
These circumstances make for a "proximate cause" nightmare, implicating legal doctrines like superseding causation, foreseeability
, and recklessness in the context of a service-member's death while deployed.
Next, in determining that Ralphs was not entitled to a categorical exemption from the duty of ordinary care, the court examined the foreseeability
of harm to the plaintiff and evaluated whether the category of negligent conduct at issue was sufficiently likely to result in the kind of harm experienced.
Critically, proximate causation requires foreseeability
, yet Dr.