Memorandum for the Petitioners 1140 conducted in both common law and civil law countries.656 The ICJ distilled the principles of civil liability into five basic questions, which it found equally applicable in determining whether business enterprises were complicit in human rights abuses: r 1. Was harm inflicted to an interest of the claimant that is protected by law? 2. Did the business enterprise’s conduct contribute to the infliction of the harm?637 3. Would a prudent business enterprise in the same circumstances have known that its conduct posed a risk of harm to the victim? 4. Was the risk real and substantial? 5. Considering the risks, did the business enterprise take measures that a prudent company would have taken to prevent the risk from materializing?658 8.206. On the issue of reasonable foreseeability of the hann, courts hold manufacturers to an expert standard. 659 A business enterprise that produces a product or places it into the stream of commerce is presumed to be fully informed of the data and science regarding its products and processes, including any hazards they may pose.660 Failure to disclose these intrinsic risks is often a form of false advertising, as consumers are not able to make informed choices . r 8.207. In assessing respondent Carbon Majors’ responsibility for the impacts of climate change on Filipino people, the Honorable Commission should take into account the fundamental principles of legal responsibility. The Commission should consider: 1. The respondents’ knowledge or notice of potential harms, including whether it was reasonably foreseeable; 2. The opportunity to avoid or reduce those harms; and International Commission of Jurists, Corporate Complicity and Legal Accountability, Volume 3: Civil Remedies (2008), available at https://www.icj.org/wp-content/uploads/2012/06/VoI.3-Corporate legalaccountability-thematic-report-2008.pdf (last accessed on 12 September 2019), cited in Smoke and Fumes Report, supra note 51, p. 6. 656 - Ibid See Exhibit “TT” to “TT-27,” Printed PowerPoint presentation of Carroll Muffett, entitled "The Legal and Evidentiaty Basis for Holding Carbon Majors Accountable for the Climate Crisis,” slide 17. 657 658 659 660 Ibid. Muffett., C., supra note 141, p. 11.