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Full-Text Articles in Law
Purging Foreseeability, Ricardo J. Bascuas
Purging Foreseeability, Ricardo J. Bascuas
Vanderbilt Law Review
For those responsible for understanding tort doctrine, the concept of foreseeability is a scourge, and its role in negligence cases is a vexing, crisscrossed morass. Indeed, one torts professor teaches that foreseeability might as well be called "strawberry shortcake," having been bent, muddled, and co-opted to such a degree that it has lost any real meaning.
Foreseeability's role in the element of "duty" in negligence is especially problematic. Courts have long tied the existence of a duty- that is, whether an allegedly negligent defendant owed an obligation of care under the circumstances-to foreseeability. The more foreseeable the risk, the resulting …
Purging Foreseeability, W. Jonathan Cardi
Purging Foreseeability, W. Jonathan Cardi
Vanderbilt Law Review
For those responsible for understanding tort doctrine, the concept of foreseeability is a scourge, and its role in negligence cases is a vexing, crisscrossed morass. Indeed, one torts professor teaches that foreseeability might as well be called "strawberry shortcake," having been bent, muddled, and co-opted to such a degree that it has lost any real meaning.
Foreseeability's role in the element of "duty" in negligence is especially problematic. Courts have long tied the existence of a duty- that is, whether an allegedly negligent defendant owed an obligation of care under the circumstances-to foreseeability. The more foreseeable the risk, the resulting …