Sentence examples for not foreseeability from inspiring English sources

Lord Goff's judgment was primarily based on whether or not foreseeability of damage should be a factor in Rylands cases, and was that the matter was "open for consideration", saying that the need for foreseeability of damage to be a criterion was "a matter of principle".

However, in that case the issue of foreseeability went to the jury, and the jury found the injury was not foreseeable; on appeal, the court reviewed the sufficiency of the evidence to support the jury's finding.

Kennedy also chose to consider foreseeability of harm a factor in cases brought under Rylands, and stated the fact that harm was not foreseeable was a factor in his decision.

Past foreseeability is not, however, a prerequisite to liability if the object is market deterrence.

While we may not speculate about the foreseeability of a Suez crisis at the time the contract was entered, there does not seem to be any question but that the master here had been actually put on notice before traversing the Mediterranean that diversion was possible.

Being unknown, they simply can't and so needn't be taken into consideration, bracketing issues of foreseeability.

718, 17 L.Ed.2d 548 (1967) ("foreseeability of the frustrating event is not alone enough to bar rescission if it appears that the parties did not intend the promisor to assume the risk of its occurrence").

Since plaintiffs did not trade in the reference security itself, the foreseeability aspect of loss causation seems almost impossible to assess.

8. "The ultimate test of the existence of a duty to use care is found in the foreseeability that harm may result if it is not exercised.

The ultimate test of the existence of a duty to use care is found in the foreseeability that harm may result if it is not exercised.

This however is not an argument as to adequacy (which refers to reasonable foreseeability) but a consideration that relates to the strength and magnitude of the causal impact of GHG emissions of single emitters ("drop in the ocean" problem).