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:

Complete Participant

A role in ethnographic research where the researcher fully participates in the community or context being studied, often without revealing their researcher status.

Researcher Objectivity

The principle of conducting study and analysis without letting personal biases or preconceptions affect the outcomes.

National Research Act

U.S. legislation passed in 1974 that established the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research.

Institutional Committee

A group of individuals within an organization appointed to oversee and manage specific tasks, such as ethical review processes for research.