Also known as: reasonably foreseeable · reasonable foreseeable · foreseeability
Written by attorneys · grounded in primary & secondary sources — see below
A limiting doctrine that confines tort or contract liability to those consequences that a reasonable person would have anticipated from the defendant's conduct or the breach at the relevant time.
Rosa Ruiz operated a scale at a busy train station. She negligently allowed an overloaded package to fall onto the tracks. The package exploded and injured Rowan Russell, who stood several feet away on the platform. Rowan sued Rosa for negligence. Because Rowan stood outside the zone of reasonably foreseeable risk created by Rosa's conduct, Rosa owed him no duty of care.
Renee Rogers published a false statement about Rising Sun Electronics' product quality. The circumstances made it reasonably foreseeable that third-party buyers would rely on the statement when deciding whether to purchase from the company. The buyers did rely and suffered pecuniary loss. The jury could therefore find the publication element satisfied under the injurious falsehood standard.
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Radiant Technologies sold a component part to a wholesaler in State X. A consumer later purchased the finished product in State Y and was injured there. Radiant had no other contacts with State Y. Mere foreseeability that the product might reach State Y did not establish purposeful availment, so the court lacked personal jurisdiction over Radiant.
Rhapsody Entertainment published a statement disparaging Rosalind Reed's business interests. The jury was asked to decide whether the circumstances made third-party reliance on the publication reasonably foreseeable. Evidence showed the statement circulated in the industry where such reliance was common. The jury could therefore find the element satisfied.
Riley Rivera bought a sport utility vehicle marketed for both off-road and on-road driving. While driving on a paved highway the vehicle rolled over. Riley sued the manufacturer for breach of the implied warranty of merchantability. The court held that an on-road rollover was a reasonably foreseeable use even if the vehicle was designed primarily for off-road conditions.
Reliance Insurance participated in a reinsurance agreement that affected premiums in multiple states. The agreement's effects on California policyholders were reasonably foreseeable to the participants. The court therefore treated the conduct as subject to California antitrust law despite the agreement's out-of-state formation.
A defendant owes a duty only to plaintiffs within the range of reasonably foreseeable risk created by the negligent conduct. If injury to a person in the plaintiff's position was not reasonably foreseeable at the time of the act, no duty exists even if harm occurs.
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No. The mere possibility that a product sold elsewhere might enter the forum is insufficient. The defendant must have purposefully availed itself of the forum's market or protections.
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A party may recover losses that the breaching party had reason to foresee as a probable result of the breach at the time of contracting. Disclosure of special circumstances during negotiations can satisfy the test.
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…handicapped." The Act also provides that, in making this determination, "account may be taken of the pregnant woman's actual or reasonably foreseeable environment." It also permits a physician, without the concurrence of others, to terminate a pregnancy where he is of the good-faith opinion that the abortion "is immediately necessary to…