Question
assess the foreseeability of the events listed in the following situations. Go through the following 4 steps listed, include factual questions you would raise, and
assess the foreseeability of the events listed in the following situations. Go through the following 4 steps listed, include factual questions you would raise, and state how these factual questions might be relevant to the foreseeability of the result or event in question.
- turn the clock back in the time before the event/result in question occurred foreseeability is determined before the fact.
- apply the foreseeable factors to the situation below
- from the range of highly unusual to a certainty , draw your conclusion of where the event/result falls on the foreseeability spectrum.
- give a counteranalysis. if both sides are not going to agree on the extent to with event/result was foreseeable, state the other sides analysis-the counteranalysis.
A. The ABC company manufactures cooking stoves. Smith buys one of the stoves. there is no heat in Smith's kitchen. hence, Smith often turn the stove on, opens the oven door, rest his feet on the door while sitting on a chair in front of the stove. One day, the stove collapses forward onto Smith while while he is warming his feet in this way. Smith is severely injured. Was this injury foreseeable to the ABC company?
B. A hobo hitching a ride on a railroad train falls off and injures himself. Was this injury foreseeable to the railroad?
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