When is a Risk of Injury Foreseeable?
James Goudkamp, ‘When is a Risk of Injury Foreseeable?’ (2008) 124 Law Quarterly Review pp.37–42.
4 Pages Posted: 1 Mar 2016
Date Written: 2008
Explains the test for foreseeability arising from the High Court of Australia ruling in Wyong Shire Council v Shirt that the consequence of negligence was foreseeable unless "far-fetched or fanciful" as a result of the negligent action and traces subsequent case law where this test was applied. Considers the narrowing of the application of the test, as being too hard on defendants, but criticises the failure of the courts in Australia to overrule it. Notes Australian legislation which could make it harder to prove negligent breach of duty cases.
Keywords: tort, negligence, foreseeability of risk
JEL Classification: K13
Suggested Citation: Suggested Citation