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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
This court of appeals' decision has reinforced the bright-line separation of contract and tort law by further expanding the types of damages that are deemed foreseeable. Particularly, when a party incorporates broad liability or obligations for damages resulting from acts, omissions or contract breach, property damages will be foreseeable, and thus, tort claims will be barred from them under the economic-loss doctrine.
But the rule is subject to two exceptions: if there is a special relationship between the plaintiff and the school and the harm to the plaintiff is foreseeable or if the school's own conduct creates a foreseeable risk of injury to a foreseeable plaintiff.
In an unpublished split decision, the Court of Appeals reversed, holding that the misuse was reasonably foreseeable because employees were trained on a safety device to stop the machine from cycling.
There will be no real rain for the foreseeable future BOOKIE RUPERT ADAMS on weather forecast
The current Gallup poll shows little movement in Americans' opinions since 2013, except in the sentiment that those who do not own a home say they won't buy one in the foreseeable future.
"It is clear that in the foreseeable future, unfortunately, a constant military threat will hang over Ukraine.
"I remain committed to Red Bull for the foreseeable future," the 55-year-old said in a short statement.
A council spokesman said: "There will be no tramway service for the foreseeable future while a working group is established to review the current management system and structure within the tramway and develop an action plan with clearly defined targets and goals which will result in a safety management system being developed that will comply with the requirements."
"We still don't know for sure how long he will be out for but we know we won't be able to call on his services for the foreseeable future.
To find a legal duty to support a negligence claim, (I) The plaintiff must be a foreseeable plaintiff and the probability of harm must be foreseeable.