Critical Analysis of Concept of Foreseeability in Torts of Negligence

  • Vanshika Agarwal
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  • Vanshika Agarwal

    Student at School of Law, Narsee Monjee Institute of Management Studies, Bengaluru, India

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The term “Foreseeability” refers to the idea that the defendant should have been able to foresee that its conduct or inaction would have a specific result. Foreseeability comes under negligence in the law of Torts. This study places a focus on the negligent acts that arise as a result of a violation of duty and a breach of the rights of others in an international context. This is done since tort law is the primary legal framework in many areas of the world. The breadth of this issue has a focus on various foreign cases as precedent, which provides us with information on the foreseeability of potential risks that may be generated by carelessness. It highlights the many types of responsibilities for such breaches of duty and care, as well as breaches of rights directly or indirectly in accordance with the rules of foreseeability that apply to a variety of scenarios. The purpose of this study is to acquire a comprehensive grasp of the essentials of negligence and tort law, as well as to broaden one's knowledge of the concepts of foreseeability. This study is based mostly on doctrinal research, which entails looking at precedent cases, journals, books, and websites that have been verified as legitimate. The fundamentals of negligence are quite significant when it comes to doing the same act. This paper also talks about Medical Negligence. There have been occasions when most inept, unwell, or undereducated physicians have preyed on innocent patients. To commit the tort of carelessness, all three elements must be met, and they must all be met at the same time. Furthermore, the fundamentals of each necessary, namely the presence of duty of care, violation of the duty of care, and subsequent injury, are critical.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1668 - 1687


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