Unlike others, we do not store user data in any way. … Guarantees for services: Consumers have the following guarantees for services under the CGA: the service will be carried out with reasonable care and skill You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If the likelihood of harm is relatively great, or the consequences serious, the possibility of harm will normally be reasonably foreseeable. This 1976 directive requires that cosmetic products 'must not cause damage to human health when applied under normal or reasonably foreseeable conditions of use'. The rights of a third party can then only be terminated or withdrawn without her consent if it is reasonably foreseeable that she would rely upon them. foreseeable unless it is known; and, conversely, a risk of very low probability will be foreseeable if it is known. As noted above, these guidelines apply to borrowers who are still current in their payments, but whose default is reasonably foreseeable. Harm must be (1) reasonably foreseeable (2) there must be a relationship of proximity between the plaintiff and defendant and (3) it must be 'fair, just and reasonable' to impose liability. For example, if after the accident the doctor who works on you commits malpractice and injures you further, the defense can argue that it was not the accident, but the incompetent doctor who caused your injury. Where the risk of harm is very small, or the harm not really serious, the reasonable person will not foresee the possibility of harm to others. REASONABLE AND FORESEEABLE DAMAGES FOR BREACH OF AN INSURANCE CONTRACT Bob G. Freemon, Jr. I. A valuation clause is a provision in an insurance policy specifying the amount the policyholder will receive if a covered hazard event occurs. Such a thing was not reasonably foreseeable. Even though the injury might be reasonably foreseeable, the doctor is not liable. Calculating different loss estimates is essential in helping insurers determine how much coverage their clients need to purchase and how much the insurers are at risk of paying out under different types of claims. If the damage was not reasonably foreseeable, the defendant is not held responsible and the damage is said to be too remote (hence the … Damage is only 'not reasonably foreseeable' if it was thought to physically impossible or so 'far fetched' that a reasonable person would completely disregard it. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. In tort, liability only extends to damage or loss which is a reasonably foreseeable consequence of the negligent act giving rise to it. Let's say a retailer had a crucial warehouse that held the majority of its offerings. Select a lifting platform with a rated load that is capable carrying the maximum foreseeable load. The maximum foreseeable loss is a reference to the most substantial financial hit a policyholder could potentially experience when an insured property has been harmed or destroyed by an adverse event, such as a fire. The retailer knows that it needs to be fully-stocked ahead of a critical holiday shopping season and is depending on the contents of this warehouse to satisfy its customers and help it capitalize on consumer spending. Financial losses are usually simple to quantify but in complex cases which involve loss of pension entitlements and future loss projections, the instructing solicitor will usually employ a specialist expert actuary or accountant to assist with the quantification of the loss. 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