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Researcher Baruch Fischhoff, who studies how people evaluate risks, describes hindsight bias this way: In hindsight, people consistently exaggerate what could have been anticipated in

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Researcher Baruch Fischhoff, who studies how people evaluate risks, describes "hindsight bias" this way: "In hindsight, people consistently exaggerate what could have been anticipated in foresight. They not only tend to view what has happened as having been inevitable but also to view it as having appeared 'relatively inevitable' before it happened. People believe that others should have been able to anticipate events much better than was actually the case." While we may all be able to understand the effect of this "hindsight bias" in tort law - it may make a jury more likely to find that some harm, like a child drowning in a swimming pool because a gate was left unlocked, was "foreseeable" to the defendant because the event already happened and we are looking at it in hindsight - what are the effects of hindsight bias in contract law

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