First Principles of Business Law

The tort of Negligence

6. Causation

6.3.1. The foreseeablity of the harm caused

 

 

 

Sometimes, the harm caused when a defendant breaches a duty of care was foreseeable. But other harm caused may not have been foreseeable. Should the foreseeability of particular harm limit the defendant's liability?

Choose the best of the alternatives below.

(a) Under the concept of causation, a defendant is liable for all the harm that results from a breach of a duty of care owed to the plaintiff, even if the particular harm was not foreseeable.

(b) Under the concept of causation, a defendant is liable for the harm that results from a breach of a duty of care owed to the plaintiff only if the particular harm was foreseeable.

 

 

 

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