Relevance of foresight : Both the criminal and the civil law accept that absolute safety is not achievable. Both branches of the law are concerned with the containment of foreseeable risks. It has been noted that there are two ways in which a claimant may found a

doi:10.4324/9781843140504-36

Chapter

ABSTRACT

The tort of negligence has developed from the concept that persons should be liable for conduct which, objectively evaluated, creates a foreseeable risk of injury to others. However, the House of Lords has further diluted the criterion of liability by holding that probability, rather than mere foreseeability, must be considered.