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The largest area of tort law is the law of negligence, which requires that a person must take reasonable care to avoid acts (or omissions) that he/she could reasonably foresee would be likely to injure his/her neighbours [ 8].
Unless it can uncover clear and convincing evidence that Assange could reasonably foresee liability under American law, it should not give way to the passions of the moment and launch a criminal prosecution.
Nevertheless, a change in the freshwater treatment (at present an ion-exchange resin softening) downstream from the use of process water in the factory would decrease the secondary effluent salinity, so the design of the advanced purification industrial plant could reasonably foresee a NF treatment instead of RO, allowing a reduction of the costs.
A common link between both decisions is an analysis of what outsider violence the premises owner could reasonably foresee.
Similar(56)
I don't think anyone could have reasonably foreseen this was going to be the result," he said.
This Court noted that the defendant could have reasonably foreseen that other drivers upon the roadway, who had no knowledge of the oil spill, might receive injuries.
Since at least the days of Huck Finn and Tom Sawyer, however, adults have been well aware that children are often tempted to wander off from school, and a jury might well conclude that defendants could have reasonably foreseen that this temptation might be especially strong during summer session when a student's friends might not be in school.
Therefore, so long as the employee could have reasonably foreseen the risk to which he was exposing the employer, the requirements of § 1346 will have been met.
The common remedy is damages, which may be awarded regardless of if any actual harm is suffered; where there is damage, the defendant will only be liable if he could have reasonably foreseen it, as in Kuwait Airways Corporation v Iraqi Airways Co (No 5).
(In legal cases, the situation is slightly more complex, because the critical question is whether the doctor could have "reasonably" foreseen the adverse consequence).
In the absence of any proof showing that the defendant [the city] foresaw, or could reasonably have foreseen, such an occurrence and took no effective action to avoid the same, there can be no recovery from injuries received from such an assault".
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Justyna Jupowicz-Kozak
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