Exact(1)
Economic analysts have responded to this problem alternately by (i) offering an efficiency rationale for the foreseeability limitation and (ii) arguing that the duty requirement is an imperfection in tort law.
Similar(59)
"The foreseeability of self-harm was something that every one of the people in the chain of supervision and the command of the prison service should have been aware of".
Furthermore, it does not underestimate the consequences and takes them seriously into consideration within the foreseeability process of the potential implications on the biosphere's stability.
Even if the foreseeability of harm is a condition of liability, sound principles of risk allocation place on the agent who is at fault in failing to foresee and take precautions against harm the risk that an unforeseeable extent of harm will result from his or her fault, provided that this is of the type that the rule of law in question seeks to prevent.
The decision in Cambridge Water Co made an immediate change to the law, for the first time requiring foreseeability of harm to be considered in cases brought under Rylands v Fletcher and the general tort of nuisance.
The judges said the code for prosecutors issued by the DPP, coupled with the general safeguards of administrative law, satisfied human rights convention standards and the need for "clarity and foreseeability".
Based on the original decision in Rylands, Goff argued that it had always been intended for foreseeability of harm to be a factor, something not previously put into law by the English judiciary.
The reasoning of a recent Australian High Court judgement is discussed in view of the differences in legal and medical opinion on the extent of foreseeability of accidents as a result of sleepiness.
"For the rich, not for the poor".
For the mechanic, for the soigneur.
GRAPHICS: For the Insured; For the Uninsured.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com