At one time the rule may have been that one cannot foresee the criminal activities of another. But it is not the rule now. That is not to say that all criminal acts are foreseeable. Plainly, they are not. But the courts do recognize tort liability for the criminal activities of others in certain situations.

Consider the examples given at page 321-22. My favorite is the aunt who buys life insurance on her niece and then kills her. Other examples involve situations where the defendant has control over the killer or the victim (the jailer, for example who negligently allows a criminal to escape).

Link back to assignment 6.