What is the test for foreseeability in the analysis of negligence cases?

Newfoundland and Labrador, Canada


The following excerpt is from Bow Valley Husky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd., 1995 CanLII 9867 (NL CA):

Foreseeability enters the analysis of negligence cases at several levels. It is, under the current law, a factor in determining remoteness. This is another aspect of deciding where to draw the line on compensation for the consequences of one’s negligent actions. “[B]ecause of convenience, of public policy, or a rough sense of justice, the law arbitrarily declines to trace a series of events beyond a certain point. This is not logic. It is practical politics.” (Palsgraf v. Long Island R.R. (1928), 248 N.Y. 339 at 352, as quoted by Fleming at p. 203).

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