A risk is foreseeable if it is not far-fetched or fanciful, and a reasonable response to that risk must be assessed by weighing its probability, gravity, and the burden of precautions.
Tort and Negligence
Costs of raising a healthy child born following negligent sterilisation advice are recoverable as damages in a wrongful birth claim.
HCA held that a general neighbourhood principle cannot determine duty of care; coherence of the law acts as a constraining factor in novel duty situations.
High Court of Australia established a multi-factor approach to pure economic loss, considering vulnerability, assumption of responsibility, and control in determining duty of care.
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