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First Principles of Business Law |
| The tort of Negligence |
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5. Breach of a duty of care |
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5.1.2. What harm must be foreseeable to a defendant who owes a duty of care? |
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A defendant who owes a duty of care is obliged to take reasonable steps to prevent foreseeable harm. But what harm must be foreseeable in the circumstances before the defendant becomes obliged to prevent it? This is an important aspect of working out the defendant's obligations. Consider the alternatives below, and choose the best answer. |
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(a) An obligation to prevent harm exists if, in the circumstances, it was foreseeable that carelessness of any kind would cause harm of some kind to the plaintiff. (b) An obligation to prevent harm exists if, in the circumstances, it was foreseeable that carelessness of the kind engaged in by the defendant would cause harm of some kind to the plaintiff. (c) An obligation to prevent harm exists if, in the circumstances, it was foreseeable that carelessness of the kind engaged in by the defendant would cause harm of the kind actually suffered by the plaintiff. |
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