Legal Word of the Day: “Foreseeability”


“Foreseeability” — In the tort of negligence, the ability to perceive in advance, or reasonably anticipate that, damage or injury will likely ensue from acts or omissions.

Both the claimant and the kind of injury that was caused must be objectively foreseeable. The claimant must be in the “zone of danger” created by the defendant’s carelessness and the injury must be a type that is likely to occur in the circumstances.

Further reading:

Mustapha v. Culligan of Canada Ltd., [2008] 2 SCR 114
Plaintiff’s damage is too remote to allow recovery; failed to show that it was foreseeable that a person of ordinary fortitude would suffer serious injury from seeing the flies in the bottle of water he was about to install.

CM (Re), 2013 CanLII 27254 (ON CCB)
Being able to appreciate the reasonably foreseeable consequences of a decision or lack of decision is part of the test for capacity to consent to treatment.

Civil Remedies Act, 2001, SO 2001, c 28

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