Foreseeability


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Foreseeability

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)

References in periodicals archive ?
1) The case is especially useful pedagogically for articulating the foreseeability test in relation to the elements of duty, breach, and proximate causation.
Even better, this kind of discipline bodes well for a future where legal matters can be chunked into discreet projects with a high degree of foreseeability built into the work, allowing the law firm and the client manager to reasonably predict the law firm's internal cost and negotiate an appropriate markup fee, including the additional value added by the attorneys involved.
The main dispute has been over the role of foreseeability in the duty analysis.