Sentence examples for the foreseeability of from inspiring English sources

"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".

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.

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.

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 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.

With potential litigation ever present, the focus of such investigation may well centre on foreseeability of the event, requiring sound findings and a conclusion that clearly describes what happened and why.

He considered the case of Overseas Tankship (UK Ltdd v The Miller Steamship Co, in which the Privy Council concluded that foreseeability of damage was an essential part of determining liability in nuisance.

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.

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.

"I am floored that they have restricted it in this way with respect to the advanced state of irreversible decline and reasonable foreseeability of death".

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.