Foreseeable Damage

Foreseeable Damage

The damage must be of kind such that the damage suffered by the plaintiff must be such as could reasonably be foreseen by the defendant.

If the kind of damage is foreseeable then it is immaterial whether extent of the damage suffered and the manner of its occurrence were foreseeable or not. Company was held not liable as injury to plaintiff was not foreseeable.

The general rule is that the defendant is responsible for his own acts and where the plaintiff suffers from the act of a third person which the defendant could not foresee he will not be liable.

But where the defendant could have reasonably foreseen the intervening act of a third person he will be responsible for the damage caused thereby.

In Ganga Sugar Corporation Ltd. v. Sukhbir Singh, [AIR 1974 All. 113], the driver of a jeep owned by the Ganga Sugar Corporation Ltd. let it in a crowded road with ignition keys in the jeep because he found the road confined by a crowd.

He went to the police stop. In the meantime someone drove the jeep and caused an accident whereby Sukhbir Singh was injured. It was held that the driver was negligent in leaving ignition keys in the jeep.

Where a danger produced by the defendant is fully appreciated by the plaintiff and he voluntarily places himself in that danger he cannot retrieve on the ground of valentine fit injuries and where the risk is foreseeable but the plaintiff remains indifferent he can be guilty of contributory negligence.

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