ABSTRACT

The harm which was foreseeable must be of the same kind, type and class as that which actually occurred.142 Thus, for example, if the damage which occurs is damage by fire, the defendant will be liable only if damage by fire was foreseeable; foresight of any other kind of damage will not suffice. Similarly, if D carelessly allows an 11 year old boy to handle his gun, and the boy drops the gun onto P’s foot and injures it, D will not be liable to P for the injury because the type of harm which was foreseeable was damage by shooting, which is quite different from the injury which actually occurred.143 However, so long as the damage which occurs is of the same kind as that which is foreseeable, it matters not that the precise sequence of events leading to the damage was not foreseeable.144