foreseeable fault
[/fɔːrˈsiːəbəl fɔːlt/]
nounpl: foreseeable faults
culpa previsível
1. A defect, failure, or negligent act that a reasonable person could have anticipated or predicted under the circumstances
The manufacturer was liable for the accident because the defect was a foreseeable fault that could have been prevented with proper testing.
O fabricante foi responsável pelo acidente porque o defeito era uma culpa previsível que poderia ter sido evitada com testes apropriados.
2. In legal and engineering contexts, a failure that a professional should have reasonably anticipated based on existing knowledge and standards
The engineer's negligence in ignoring safety protocols constituted a foreseeable fault under industry standards.
A negligência do engenheiro ao ignorar os protocolos de segurança constituiu uma culpa previsível conforme os padrões da indústria.
The concept of 'foreseeable fault' is fundamental in both Brazilian and American legal systems, particularly in product liability and professional negligence cases. In Brazil, it relates closely to the Consumer Protection Code (Código de Defesa do Consumidor) which holds manufacturers responsible for foreseeable defects. This term is essential in insurance, manufacturing, and construction industries where risk assessment and prevention are legally required.
Related Idioms & Phrases
foreseeable fault doctrine
duty to foresee
reasonably foreseeable harm
within the scope of foreseeable risk
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