Foreseeability in law - Coursework Example

Only on StudentShare

Extract of sample
Foreseeability in law

There are numerous arguments claiming this requirement is unjust and that the defendant should be held responsible for the actual consequences of any careless conduct that results in injury, whether foreseeable or not. However, this broadens the scope of the tort considerably and would open up an endlessness of liability.
Further, foreseeability ensures fairness for the defendant. Is would be unjust to hold a defendant liable for conduct which they could not have anticipated would result in injury. Being penalized for conduct which does not foreseeably cause injury would result in numerous frivolous claims. Accidents occur all of the time. While it would be fantastic for the injured party to always have recourse for legal action, it would not be fair to those defendants of whom are undeserving.
There are some injuries no one could predict and no one but the forces of fate should be held responsible and certainly no one should be penalized. This may be unfortunate for the injured party, but the blame cannot always be laid at someone else's feet. Foreseeability ensures blame can only be laid at the feet of those who should have reasonably foreseen the consequences of their actions. This is fair. This is just. Taking away the requirement of forseeability would make the opposite true. ...Show more

Summary

Does the requirement for a plaintiff in a negligent case to prove foreseeability make sense Shouldn't a defendant be responsible for all the actual consequences of the careless conduct Is it fair that an injured party might be able to recover from no one
The tort of negligence is a breach of a duty of care on the part of the defendant which results in the injury of the plaintiff…
Author : qboyer
Foreseeability in law essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the coursework on your topic
"Foreseeability in law"
with a personal 20% discount.
Grab the best paper

Related Essays

Reparation law and evidence
The incident causes Susan and Mark to sustain some injuries. In a chain of events, Susan's accident leads to a further issue that interrupts the electricity flow of the company and causes her to lose work meant for the client, ISH-BETH. This paper examines the core legal elements and facts relating to the situation and provides the various claims and defences that can be raised by the four core parties in the case.
14 pages (3500 words) Coursework
Law of Torts
Consequently, for one to establish the tort of negligence, one must establish that the other party was not only careless, but also that there existed a relationship that created a legal duty of care on the part of the defendant not to act carelessly. The purpose of this paper is to establish the degree to which it is possible to establish as single duty of care principle.
12 pages (3000 words) Coursework
Law of Tort. Majrowski v Guys and St. Thomas NHS Trust. Rylands v Fletcher
The House of Lords’ decision in Majrowski v Guy’s and St. Thomas NHS Trust establishes that an employer is vicariously liable for workplace bullying or harassment by one employee of another.
12 pages (3000 words) Coursework
Business law
The chances of this happening are therefore minimized if the parties contracting understand the concept of what they are agreeing to, the rights, the obligations and the how to foresee potential problems. Keywords: legality, breach, obligations, duties Business Law Introduction Contract law is one of the major and most common branches of every day law.
9 pages (2250 words) Coursework
Course Work
Other words which are wrongly used are weather instead of whether, DPPP instead of DPP, unproprtionate instead of not proportionate, foursee instead of forsee, dpd’s instead of DPP, persecution instead of prosecution and parliament instead of parliament.
4 pages (1000 words) Coursework
Law
and viability of state monitored regulation of computer and telecommunications activities in the Computer Misuse Act (CMA) of 1990 in the past year, were the amendments to the Act came into force last summer that made a crime of ‘making, supplying or obtaining articles likely
12 pages (3000 words) Coursework
Criminal Law
Another important point that needs to be raised is that the actus reus and mens rea of the offence must coincide, however a broad approach int his respect has
14 pages (3500 words) Coursework
The Law
The existence of law has made human behaviour predictable as the law governs and provide how individuals should behave and how they should not. Law
2 pages (500 words) Coursework
Subject :Introduction to Business Law Coursework topic: Uxbridge University
The parking spots are, therefore, available on a first come first serve basis. Dabir travels to work by car but usually parks on the side street due to the limited parking spots. However, at the start of the induction week Dabir was early and was able to secure a parking
8 pages (2000 words) Coursework
Law
Under the “Exceptions available for the Rule against Hearsay” the statement by Jyoti Williamson cannot be dismissed as mare hearsay because the statement can be categorized as a statement of presence sense impression. The statement gives a better
4 pages (1000 words) Coursework
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT