Sentence examples for test of foreseeability from inspiring English sources
To do so, he said, would "fundamentally undermine the established legal test of foreseeability... which requires proof of a 'serious and obvious risk of death' at the time of breach".
As stated by Professor Dobbs in his treatise on remedies, a "difficulty in the Hadley type case is that the test of foreseeability [i.e., whether damages 'arise naturally'] has little or no meaning.
Adopting a test of foreseeability is thus likely to better align copyright law with its underlying purpose and provide courts with a mechanism by which to give effect to copyright's theory of incentives in individual cases —thereby according it more than just rhetorical significance.
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.
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.
Some elements in proximate cause, like the requirement of foreseeability..
The legal concepts of foreseeability and proximity are discussed in the context of sleep-related accidents.
These decisions are unwarranted extensions of Hadley and employ arbitrary and inflexible definitions of foreseeability.
First, the element of foreseeability in the requirement of proximate cause is directly relevant to collective deterrence.
This playlist attempts to lay out a basic doctrine of cause in fact, without yet worrying about problems of foreseeability.
Thus, even in the absence of foreseeability or in the presence of only very limited foreseeability, such modifications would serve to reduce the sum of accident and safety costs, that is, to further market deterrence...
