foreseeability การใช้

• Legality, noted the court, included the principle of foreseeability.
• -The foreseeability of the harm resulting from a failure to warn.
• Legal Causation is usually expressed as a question of'foreseeability '.
• The court limited liability with a narrow rule of foreseeability.
• "Foreseeability doesn't require identical crimes in identical locations,"
• But mere foreseeability is not enough for jurisdiction"
• Hadley v . Baxendale established that the test of foreseeability is both objective and / or subjective.
• The foreseeability, not the conclusiveness, of harm suffices to give rise to a duty of care,
• Indeed, even Lord Wilberforce had subsequently recognised that foreseeability alone was not a sufficient test of proximity.
• The case is one of foreseeability and remoteness, not one of determining whether the injury was accidental or deliberate.
• This means that the reasonable foreseeability test is not always appropriate for cases where the acts of the claimant may demonstrate some fault.
• The stigma of manslaughter is less than murder but is nevertheless serious enough to require at least objective foreseeability of the risk of death.
• So liability for causing psychiatric injury depends on the foreseeability of the physical injury, as long as the psychiatric illness is medically recognised.
• The foreseeability standard will not likely be widely adopted anytime soon because the cost ( time and financial ) of litigation would be enormous.
• Third, the broader standard removes the hassle of making distinctions between foreseeability of harm or death which could potentially cause problems in the future.
• "' Causation in English law "'concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence.
• The observation underscores the principle, but emphasises that in practice reasonable foreseeability of death might be inferred from reasonable foreseeability of serious bodily injury.
• The observation underscores the principle, but emphasises that in practice reasonable foreseeability of death might be inferred from reasonable foreseeability of serious bodily injury.
• The reasonable foreseeability of damages is not decisive, but it can be used as a subsidiary test in the application of a flexible criterion.
• This was predicated on the finding ( at the trial court level ) that the foreseeability arose directly from the risk created by the original negligence.