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

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2008

Abstract

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

Goudkamp, James, When is a Risk of Injury Foreseeable? (2008). James Goudkamp, ‘When is a Risk of Injury Foreseeable?’ (2008) 124 Law Quarterly Review pp.37–42. , Available at SSRN: https://ssrn.com/abstract=2740329

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

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Oxford, OX1 3UL
United Kingdom

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