Oregon's "foreseeability standard" means that "if a harm is foreseeable and you have the ability to prevent it, you have a duty," Mr. McDougal said.
"We need to increase transparency on physical markets to give foreseeability.
"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".
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".
In addition, any number of legal doctrines imposing requirements of foreseeability (see, e.g., Hadley v. Baxendale 1854), for example, or respecting the proof of lost expectations (see, e.g., R2 Contracts §351; U.C.C. §2-723 §2-723 the expecabinon intheexpectationedy where markets are not thinterest
But foreseeability, though it bears some relation to probability, is clearly a non-causal criterion, and one that can apply only to human conduct, not to other alleged causes.
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.
Being unknown, they simply can't and so needn't be taken into consideration, bracketing issues of foreseeability.
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.
Objective probability is here contrasted with subjective foreseeability, but this probability must be relative to an assumed epistemic base.
There are problems about settling whether only the type of harm or the specific harm must be unforeseeable, and the moment at which foreseeability is to be judged.
