Memorandum for the Petitioners | 140 conducted in the principles applicable in human rights 1. both common law and civil law countries.°° The ICJ distilled of civil liability into five basic questions, which it found equally determining whether business enterprises were complicit in abuses: Was harm inflicted to an interest of the claimant that is protected by law? 2. Did the business enterprise’s conduct contribute to the 3. Would a prudent business enterprise in the same circumstances have known that its conduct posed a risk of harm to the victim? 4, 5. infliction of the harm?” Was the risk real and substantial? Considering the risks, did the business enterprise take measures that a prudent company would have taken to prevent the risk from materializing?°™ 8.206. On the issue of reasonable foreseeability of the harm, courts hold manufacturers to an expert standard. 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. Failure to disclose these intrinsic risks is often a form of false advertising, as consumers are not able to make informed choices. 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 656 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/Vol.3-Corporate-legal- pdf (last accessed on 12 September 2019), cited in Smoke and Fumes accountability-thematic-report-2008. Report, supra note 51, p. 6. 657 Ibid. 658 See Exhibit “TT” to “TT-27,” Printed PowerPoint presentation of Carroll Muffett, entitled “The Legal and Evidentiary Basis for Holding Carbon Majors Accountable for the Climate Crisis,” slide 17. 659 Ibid. 660 Muffett., C., supra note 141, p. 11.