Sentence examples for foreseeability as from inspiring English sources
The test for remoteness of damage in nuisance is reasonable foreseeability, as established in Cambridge Water Co Ltd v Eastern Counties Leather plc; if the defendant was using their land unreasonably and causing a nuisance, the defendant is liable even if they used reasonable care to avoid creating a nuisance.
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.
The Council stated that "It could not be right to discriminate between different cases of nuisance so as to make foreseeability a necessary element in determining damages in those cases where it is a necessary element in determining liability, but not in others".
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.
Secondly, it was the first decision to state that Rylands may be a sub-set of nuisance, and as such applied the same requirement of foreseeability of harm to nuisance, where previously such a requirement had not existed.
He then stated that Rylands was arguably a sub-set of nuisance, not an independent tort, and as such the factors which led him to including a test of foreseeability of harm in Rylands cases also imposed such a test on all nuisance cases.
"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".
