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Reasonably Foreseeable in Legal Terms

The ability to reasonably recognize, anticipate, or reasonably foresee that damage or injury is likely to result from acts or omissions. n. a danger that a reasonable person would have to foresee as a result of his or her actions. Foreseeable risk is a common positive defense made by defendants in claims for negligence in response. A skier hits a bump on a ski slope, falls and breaks his leg. This is a predictable risk of skiing. A mother is seriously injured while accompanying her child on a roller coaster when the car jumps over the track and breaks away. Although there was a potential risk, she had the right to foresee that the roller coaster was properly maintained and did not take the risk of it collapsing. Signs warning against “use at your own risk” do not exclude lawsuits for unforeseeable risks.

In infringement cases, courts measure foreseeability from the time the contract is concluded, not from the time of breach. In order to establish foreseeability, courts consider whether the damage was a direct and obvious consequence of the infringement (general damages). Courts also pay attention to the parties` understanding when entering into the contract, as they may reasonably have thought about what damages should be owed in the event of a breach. In addition, if a person had sufficient knowledge of the particularities of his or her situation, the counts take into account the fact that he or she could have foreseen the likelihood of harm. Predictability asks how likely it was that a person could have predicted the potential or actual results of their actions. It is a question in contract law and tort law. The standard used by the courts is “reasonableness.” In contract law, reasonableness asks whether damages resulting from a breach were a natural consequence of that breach. In tort law, the “reasonable person” standard is whether an ordinary person would reasonably have acted in the same manner in the same circumstances. n. reasonable anticipation of the possible consequences of an action, such as what may happen if one acts negligently, or consequential damages resulting from a breach of contract.

(See: foreseeable risk, negligence) In actions for negligence in tort, foreseeability asks whether a person could or ought reasonably have foreseen the damage resulting from his or her actions. If the resulting damage is not foreseeable, a defendant can successfully prove that he is not liable. However, even if a defendant had not been able to foresee the extent of the resulting damage, it could nevertheless be held liable if the damage was foreseeable. In negligence law, the aspect of foreseeability of the immediate cause – the event that is the main cause of the injury – is demonstrated by evidence that the actor, as a person of ordinary intelligence and prudence, ought reasonably to have foreseen that his negligent act would endanger another by the event that occurred or by a similar event. And regardless of what the actor suspected about the actual event or how the injuries were caused. [Last updated August 2021 by Wex Definitions Team].