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Reasonable Foreseeability and Liability in Relation to Genetically Modified Organisms

Bulletin of Science Technology & Society 2007 27:215

19 Pages Posted: 23 Oct 2012  

Lara Khoury

McGill University - Faculty of Law

Stuart Smyth

University of Saskatchewan

Date Written: 2007

Abstract

This article examines problems that may arise when addressing liability resulting from the genetic modification of microbes, animals, and plants. More specifically, it evaluates how uncertainties relating to the outcomes of these biotechnological innovations affect — or may affect — the courts’ application of the reasonable foreseeability requirement and, hence, liability under the tort of negligence. The article also examines how concern expressed by society about injuries feared to result from these genetically modified products could have an impact on the way the courts assess reasonable foreseeability in this area.

Keywords: reasonable foreseeability, liability, negligence, causation, duty of care, risk, uncertainty, biotechnology, innovation

Suggested Citation

Khoury, Lara and Smyth, Stuart, Reasonable Foreseeability and Liability in Relation to Genetically Modified Organisms (2007). Bulletin of Science Technology & Society 2007 27:215. Available at SSRN: https://ssrn.com/abstract=2165314

Lara Khoury (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

Stuart Smyth

University of Saskatchewan ( email )

College of Education
Saskatoon, Saskatchewan S7N 5A7
Canada

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