Feedback

 

(b) Yes, that's correct. To decide whether harm was foreseeable, the courts developed the notion of a reasonable person in the position of the defendant, asking whether such a person would have foreseen the danger in the circumstances. It does not depend on what the actual defendant would have foreseen.

This means the test of foreseeability is 'objective' rather than 'subjective'.

Blyth v Birmingham Waterworks Co (1856) 156 ER 1047.