- most
common test of
proximate cause under the
American legal system is
foreseeability. It
determines if the harm
resulting from an
action could reasonably...
-
significant case in
common law
related to duty of care,
reasonable foreseeability and
novus actus interveniens within the tort of negligence. The case...
- test for
foreseeability which they
argued was a
logical link
between the
damage and the
liability (culpability).
Stated differently,
foreseeability was the...
- the
element of
foreseeability being determined by what is
perceived to be
instinctively just. This
means that the
reasonable foreseeability test is not always...
- R.
Perdue evaluated the idea of
reducing contractual remoteness to
foreseeability in this way:
Hadley v
Baxendale may be
regarded as
giving a grossly...
-
actions was
foreseeable. The
Supreme Court of California, in a
majority opinion by
Justice David Eagleson,
criticized the idea that
foreseeability, standing...
-
chose to
consider foreseeability of harm a
factor in
cases brought under Rylands, and
stated the fact that harm was not
foreseeable was a
factor in his...
- the
common law
requirement for mens rea of
manslaughter of "objective
foreseeability of the risk of
bodily harm
which is
neither trivial nor transitory,...
- '
foreseeability'. An
actor is
liable for the
foreseeable, but not the unforeseeable,
consequences of his or her act. For example, it is
foreseeable that...
- (in general) by 3
accepted standards: Ultramares, restatement, and
foreseeability.
Under the
Ultramares doctrine,
auditors are only
liable to 3rd parties...