First Principles of Business Law

The tort of Negligence

4.1.The foreseeablity of harm

4.1.2. Foreseeing particular harm

 

 

 

For a duty of care to arise, to what extent must it be foreseeable how harm will be caused by the defendant's conduct?

Consider each of the following alternatives and choose the most appropriate one.

(a) For a duty of care to arise it must be foreseeable what harm might be caused to the plaintiff by the defendant's conduct, and how that harm will occur.

(b) For a duty of care to arise, it need only be forseeable that the defendant's conduct might cause harm of some kind to the plaintiff. It need not be foreseeable how that harm will occur.

 

 

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