Chapter

Foreseeability and Risk

H. L. A. Hart

in Causation in the Law

Second edition

Published in print May 1985 | ISBN: 9780198254744
Published online March 2012 | e-ISBN: 9780191681523 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254744.003.0011
Foreseeability and Risk

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The appeal to foreseeability or risk differs from some other policy theories in that it proposes a general and apparently factual test, and does not leave the decision to the choice of the judge or to special arbitrary rules of law. But whereas the test of foreseeability is usually thought to be particularly appropriate to the civil law of negligence, that of risk is thought to apply to the law of tort generally. This chapter goes on to consider in more detail the wide foreseeability doctrine in its two aspects-limiting and extending responsibility by comparison with causal criteria.

Keywords: foreseeability; risk; negligence; tort law

Chapter.  18532 words. 

Subjects: Jurisprudence and Philosophy of Law

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