Final answer:
Legal/Proximate Causation is the negligence element dealing with the foreseeability of harm, and it requires showing that the harm was a foreseeable result of the defendant's action. The car manufacturer in the scenario is held liable for injuries and deaths due to the foreseeable nature of the accidents caused by their known brake defects.
Step-by-step explanation:
The element of negligence that deals with foreseeability is Legal/Proximate Causation. This term refers to the legal concept that establishes a direct link between one party's action and another party's injury. It essentially addresses whether the harm was a foreseeable result of the defendant's conduct. To show legal/proximate causation, it must be demonstrated that the harm suffered was a predictable consequence of the defendant's act or omission.
In the provided scenario, the manufacturer's decision to sell a car model with a known brake defect is a clear example of negligence. By understanding the element of the car's defects and the foreseeable likelihood of brake failure leading to accidents, injuries, and even deaths, the manufacturer could be said to have foreseeability of the harm that could occur. Therefore, the legal system held them accountable for the resulting damages as they could and should have foreseen the consequences of their actions.