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Article

Comments

The Foreseeability Factor in the Law of Torts, 7 Notre Dame Lawyer 468 (1932)

Abstract

Probably the most powerful and most uniform social policy crystallized in the various rules and doctrines of tort law is to be found in the concept of foreseeability or expectability of certain harms from certain types of conduct. The whole idea of risk or threat is comprehended in the notion of foresight--foresight in the sense of the probability of harm resulting from conduct. Experience suggest the danger incident to certain activity. Not particular experience of particular individuals, but general experience--experience that often defies analysis--the multitude of factors, knowledge, hunches, instincts or what they may be called, the common sense that makes social intercourse possible, all operate to prompt the "ordinary reasonable man" that harms are "probable" or "natural" as normal results of certain situations and certain conduct. Where harm is to be anticipated, the problem of legal responsibility is raised.

Date of Authorship for this Version

1932

Keywords

The Foreseeability Factor in the Law of Torts, 7 Notre Dame Lawyer 468 (1932)

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