The lesson, I believe, is that the Palsgraf principle is unsound: One need not act wrongfully toward another — need not mistreat her, as opposed to other people — to incur a liability in morality or law to compensate her for the injuries one has inflicted on her. If that lesson is correct, however, what should we make of the black-letter proposition, which is embraced by most common law jurisdictions, that the duty of care in negligence is owed only to foreseeable victims, such that only foreseeable victims can in ordinary cases recover?144 In my view, this black-letter rule does not reflect any principled commitment to the significance of relational wrongdoing in grounding negligence liability (a commitment that would sit in stark tension with the underlying moral commitments of transferred-intent doctrine). There is, rather, a more complex moral principle operating beneath the surface of both doctrinal areas — a principle that explains why unforeseeable transferred intent victims can recover, and why unforeseeable victims of mere negligence (as in Palsgraf) typically cannot.
Цены на нефть взлетели до максимума за полгода17:55
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Фото: Majid Asgaripour / Reuters。业内人士推荐超级权重作为进阶阅读
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