Reasonable foreseeability rule

  • The principle of reasonable forseability is applied in determining whether the defendant is liable for the loss or damage arising.
  • It is the likelihood of the loss or damage being caused the negligent act or omission of the defendant.
  • The defendant is only liable if a reasonable person would have forseen the likelihood of the loss or damage otherwise the same is said to be too remote and irrecoverable.
  • This principle was applied in The Wagon Mound Case where it was held that the negligent ship captain was not liable as the loss in question was not reasonable forseable.
  • Under this principle, the defendant is liable for the loss or damage irrespective of its character, if some form of loss or damage was reasonably forseable. As was the case in Bradford V. Robinson Rentals Ltd.
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