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 ?
Sam Hanson, representing the appellant, decedent's son, said that the court adopted the right standard of foreseeability and also said hospitalist could not have a relationship with the patient before the patient is admitted, because the hospitalist works within the hospital.
Robinson said the court decided the Restatement rule struck the appropriate balance between the open-ended nature of the reasonable foreseeability rule and the "overly constrained near-privity rule.
A well-constructed financial model, which contemplates both the reasonable certainty and foreseeability rules, will allow the trier-of-fact to make an educated assessment of each rule.
(118) Foreseeability hinges on such things as the type of information the laboratory conveyed, to whom it conveyed the information, and the seriousness and specificity of the warning.
import of foreseeability in the analytical framework:
Foreseeability may turn out to be the dispositive issue.
Specifically, the court would find it necessary to decide the following factual questions: 1) the extent of the owner's knowledge of the presence of bears in surrounding areas; 2) the foreseeability that a bear would attack a visitor on the owner's property; and 3) the sufficiency of the owner's knowledge of danger so as to give rise to a duty to post warning signs or further safeguard visitors from such danger.
(13) The background emphasizes the varying rulings that result when South Dakota courts apply a common law duty based on relationship and foreseeability. (14) The author then introduces the Restatement's reformation of negligence law.
Although the foreseeability of the harm factor is important in determining an independent duty, (46) Alaska courts have stated that it is not dispositive, and thus other factors must be considered.
"It's a fair compromise based on various factors that would be taken into consideration, such as foreseeability and fairness."
But Afzal believes his history of blackouts - which he concealed - should have been enough to meet the key "foreseeability" test and trigger a trial.
Latin terminology, foreseeability and lawfulness, while doubtless of legal significance, have little to do with where medicine meets the law, as opposed to the law meeting medicine.