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Under the foreseeability test, a reasonable person in the position of the MEC and his colleagues would have foreseen that early-stage cancer patients who had to wait 9 months--instead of 2 weeks--for oncology treatment, because the two machines at the hospital were non-operational, might progress from treatable to terminal cancer and die.
Nevertheless, the Volk court held that the doctor's duty extended to any foreseeable harm by the patient, leaving it up to the jury to decide on the issue of foreseeability.
13) The background emphasizes the varying rulings that result when South Dakota courts apply a common law duty based on relationship and foreseeability.
Although the foreseeability of the harm factor is important in determining an independent duty, (46) Alaska courts have stated that it is not dispositive, and thus other factors must be considered.
It's a fair compromise based on various factors that would be taken into consideration, such as foreseeability and fairness.
3d DCA 1985), the latter supposedly establishing a broader test of foreseeability within the Third District.
Another way for a judge to determine if losses are recoverable is to use the Foreseeability Doctrine, which holds that a loss is recoverable if and only if it is reasonably foreseeable (Posner 2011:159).
40) Although Ayres and Gertner applied this concept to a variety of legal rules, the Hadley foreseeability limitation on consequential damages motivated their analysis and served as the canonical illustration of a penalty default.
What was the foreseeability of the third party's injury?
47) Therefore, the foreseeability rule under the SGA relies mainly on the knowledge of parties at the time of formation of contract; the SGA has therefore adopted an objective approach toward this matter
The criteria to determine the severity of the sentence as per the new policy also include the degree of culpability exhibited by the accused, the extent of the accused's deviation from the norm of reasonable conduct, the foreseeability of the consequences and the actual consequence of the accused's negligence.
17) In Palsgraf, Justice Cardozo and the majority held that the foreseeability of the risks posed by an action defines the relationship that creates the duty, while Justice Andrews and the dissenters believed that the key to the relationship was the connection between the defendant and those who were in fact injured.
Reasonableness and foreseeability are central to a legal analysis of exertional rhabdomyolysis.
3) The new offence was introduced after a number of violent attacks that had resulted in the death of a victim and where the accused was acquitted of manslaughter as the intention to kill and the foreseeability of the death could not be proved.
I may be displaying my ignorance of criminal law here, but is the whole issue of foreseeability not one of fact, as much as one of pure law - one on which an average juror should be capable of making an assessment?
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