The Concept of Foreseeability in Tort Law Is Considered by a Court

question 32

Essay

The concept of foreseeability in tort law is considered by a court in determining the existence of a duty of care and as a threshold for the recovery of any damage suffered by an injured plaintiff.Explain the significance of "reasonably foreseeable" as it relates to both duty and damages,as well as the policy reasons why courts sometimes fail to recognize a duty,or fail to recognize that the plaintiff has met the threshold for recovery of damages.

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Definitions:

Windfall Bonus

An unexpected gain or profit, often a large sum of money received unexpectedly.

Bystander Effect

The social psychological phenomenon where individuals are less likely to offer help to a victim when other people are present.

Emergency

An emergency is a sudden, unexpected situation requiring immediate action due to potential threat, harm, or danger to life, property, or the environment.

Capilano River

A river in the Canadian province of British Columbia, known for its salmon runs and as a popular spot for outdoor recreation.