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)

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References in periodicals archive ?
Foreseeability may turn out to be the dispositive issue.
Duty to warn vs. confidentiality
68) The court specified that foreseeability, as it relates to a duty, differs from foreseeability in the context of causation, which is a question of fact examined at the time the plaintiff was harmed.
REAFFIRMING THE ROLE OF THE JURY: THE PROBLEM OF SUMMARY JUDGMENT, DUTY, AND ROADKILL IN ZERFAS V. AMCO INSURANCE COMPANY
the extent to which the transaction was intended to affect the plaintiff, the foreseeability of harm to him, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant's conduct and the injury suffered, the moral blame attached to the defendant's conduct, and the policy of preventing future harm.
THE ECONOMIC LOSS DOCTRINE IN ALASKA AND THE DESIGN PROFESSIONAL EXCEPTION
Bleck ignores later precedent that embraces Ameijeiras and enforces a strict test of foreseeability as to time, place, and manner of the prior crimes.
Foreseeability of third-party crimes
The court can use the Foreseeability Doctrine to decide if the losses are recoverable.
The consequences of overstating fuel economy
42) He contends that the foreseeability limitation may instead be majoritarian because carriers have no comparative advantage in providing insurance against lost shipments.
Legal ignorance and information-forcing rules
Courts have analyzed whether an intermediary owes a duty to a third party by focusing on the foreseeability of the injury or whether there is privity between the third party and intermediary.
Liability of insurance agents and brokers to third-party non-clients and recent developments
The foreseeability of damages is based on the view that "it is unfair to a defendant, and imposes too great a burden, to hold responsible for losses that it could not have reasonably contemplated or foreseen.
Comparative and normative analysis of damages under the SGA and the CESL
Both this concept of relationship and its connection to foreseeability have led to the general rule that there is no duty to protect a person who is in peril due to circumstances the defendant did not create.
Tort law - no duty for physician to warn guards of inmate's communicable disease. (Case note)
In particular, the review covers relevant law from selected cases that examines foreseeability and duty of care for exercise professionals and the voluntary assumption of risk for exertional rhabdomyolysis for exercise participants.
Exertional rhabdomyolysis and the law: a brief review
Legal aspects in relation to intention and foreseeability are also presented.
A legal and social analysis of 'one punch' cases in Western Australia
Under this approach, concepts of foreseeability and reliance are combined to limit the professional's liability.
Not amused: broker's failure to cover "amusement devices" for Cleveland Indians yields wrongful death suit

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