Foreseeability Decoded

64 Pages Posted: 4 Feb 2014 Last revised: 1 Jul 2014

See all articles by Meiring De Villiers

Meiring De Villiers

University of New South Wales (UNSW) - UNSW Law & Justice

Date Written: February 3, 2014

Abstract

This Article reviews the conceptual and doctrinal roles of the foreseeability doctrine in negligence law, and analyzes its application in cases where a new technology or unexplored scientific principle contributed to a plaintiff’s harm. It adopts the common law definition of foreseeability as a systematic relationship between a defendant’s wrongdoing and the plaintiff’s harm, and demonstrates translation of the concept into the language of science so that the common law meaning of the foreseeability doctrine is preserved. An analysis of the foreseeability of HIV/AIDS as a blood-borne risk illustrates application of the concept to cutting-edge issues in medical science.

Suggested Citation

De Villiers, Meiring, Foreseeability Decoded (February 3, 2014). Available at SSRN: https://ssrn.com/abstract=2389826 or http://dx.doi.org/10.2139/ssrn.2389826

Meiring De Villiers (Contact Author)

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia
(650) 725-8214 (Phone)
(650) 723-4107 (Fax)

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