Limiting the Manufacturer's Duty for Subsequent Product Alteration
Questions of foreseeability can arise at any of the duty stage (who is my ... the factual cause is sufficiently proximate or foreseeable to attract liability:.
Rights, Wrongs, and Recourse in the Law of TortsThus the last clear chance doctrine has often been reasoned in terms of whether or not plaintiff's contributory negligence was a proximate cause of his injury. Preliminary Paper No 19 APPORTIONMENT OF CIVIL LIABILITYsupported his answer-that foreseeability was not required for proximate cause-and Cardozo appeared willing to accept Polemis.41. The real battle between Cardozo ... the tortfeasors and contributory negligence actThe most frequently encountered tort is negligence: the breach of a duty to take reasonable care for the interests of another person where it was foreseeable ...
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