Unit 1: Negligence Duty Of Care And Breach Of Duty

Question 1

Which ONE or MORE of the following correctly describe the role of foreseeability in establishing breach of duty?
A) the greater the foreseeability of harm, the more the defendant should take precautions.
B) the more serious the harm foreseen, the more the defendant should take precautions.
C) in assessing breach of duty, the question is not whether the defendant actually foresaw the risk of harm but whether a reasonable person would have foreseen it.

Answer 1

All three are correct:
The greater the foreseeability of harm, the more the defendant should take precautions.
The more serious the harm foreseen, the more the defendant should take precautions.
In assessing breach of duty, the question is not whether the defendant actually foresaw the risk of harm but whether a reasonable person would have foreseen it.

All three correctly describe the role of foreseeability in establishing breach of duty.