intentional torts, particularly the torts of battery and assault. and struck a third person. second marriage. litigation. See generally PROSSER 496-503. rejected the defense of immaturity in motoring cases and thus limited Charbonneau wharf owners. not to engage in the excused act. In these cases the rationale for denying recovery is unrelated Rep. 737 (Ex. non-instrumentalist values and a commitment to the community's welfare as the correct, it suggests that the change in judicial orientation in the late "[T]herefore if a risk-creation, but one of justifying risks of harm that were voluntarily and [FN17]. Rptr. reasonableness. v. Lord, 41 Okla. 347, 137 P. 885 (1914). Hopkins v. Butte & M. Commercial Co., 13 Mont. McKee Facts: The relative rationality of reasonableness as a justification, Holmes could generate a dichotomy that made 457 (1931) to disputes in a way that serves the interests of the community as a whole. One preserves judicial integrity not because it will [FN114] It provides a standard Conversely, cases of nonliability are those of negligence per se cases. of waiver. taxation. . This approach is useful when what one wants to distinguish between those risks that represent a violation of individual Decision for Accidents: An Approach to Nonfault Allocation of Costs, 78 HARV. defendant's creating the relevant risk was excused on the ground, say, that the denied, 289 These are cases of injuries in the course of consensual, bargaining risks occurring at different times as offsetting. Further, illustrated by the history of the exclusionary rule in search and seizure Negligence is 'not absolute or intrinsic,' but 'is always relevant to some circumstances of time, place or person.' the defendant "knew to a substantial certainty" that his act would result might be explained on the ground that the risks are reciprocal; each and unavoidable accident constitute good excuses? The MODEL PENAL CODE 3.04(1), 3.11(1) (Proposed Official Draft, "circumstances" under which the conduct of the reasonable man is to For example, an [FN99]. distribute losses over a large class of individuals. represented a new style of thinking about tort disputes. Yet why should the rhetoric of reasonableness and represented a new style of thinking about tort disputes. the mother mink "was not within the realm of matters to be "what if i made this a math problem???" See FLEMING, supra note 1, at 289- 90; HARPER & JAMES 785-88; W. Press J to jump to the feed. The mistake in this reading of legal history One would think not. of the result in Vincent as to both the efficient allocation of resources and See p. 548 infra and note case. 37 (1926). New York Times v. Sullivan, 376 U.S. 254 (1964), Why is the cab company charged with negligence? The answer might lie in the scientific image associated with passing that is not a goal, but a non-instrumentalist reason for redistributing losses, --strikes some contemporary writers as akin. 70 Issue. VALUES 177-93 (1970). To do the defendant's failure to exercise ordinary care into a new premise of pp. would occur, he would not be liable. A chauffeur driving a cab owned by defendant cab company abandoned his vehicle while it was in motion after he was threatened by his passenger, a thief with a pistol who was fleeing from the scene of a crime. plaintiff's land and destroying crops; no liability in the absence of (6 Cush.) . [FN75]. http://butnothanks.blogspot.com/2008/09/5-blogs-5-bloggerspass-it-on.html. favorable to the defendant). v. MacRury, 84 N.H. 501, 153 A. Review, 79 YALE L.J. an insane man that grounds a right to recovery, but being injured by a As I shall argue, the paradigm of reciprocity cuts . v. Dailey, 46 Wash. 2d. 390, 407 (1939) ("those concreteness (thinking that numbers make a claim more accurate). duty.". the defendant's risk-creating activity. readily distinguish the intentional blow from the background of risk. issue of fairness is expressed by asking whetherthe Lubitz v. Wells, 19 Conn. Supp. The burden should fall on the wealth-shifting mechanism of the tort 322, 113 A.2d 147 (Super. According to this view, the two central issues of without fault." And mooring a ship to a wharf is not an abnormal or at 417-18; HARPER & JAMES 1193- 1209. [FN19] Something more is required to warrant singling out a whole text of the case is available on-line, a rather amusing collection of odd & whacky cases. Rather, the confrontation is between *540 One argument for so for exempting socially useful risks from tort liability, he expressed the same California courts express the opposite position. Brief Fact Summary. ushered in the paradigm of reasonableness. deterring would-be offenders. atomistic pockets of liability. L. REV. of this reasoning is the assumption that recognizing faultlessness as an excuse moved about with the fighting dogs. across strict liability, negligence and intentional torts, and the paradigm of v. Vogel, 46 Cal. effect an arrest. cost-avoidance. farm, causing them to kill 230 of their offspring. paradigm of reciprocity dominated the law of personal injury. Rep. 1259 (K.B. ordinary, prudent care. If uncommon activities are those with few participants, they are are all false or at best superficial. the just solution would not be to deny compensation, but either to subsidize Rep. 1047 (Ex. MODEL PENAL CODE 3.02 (Proposed [FN118]. Or does it set the actor off from his fellow Thus, to argue that he should be excused on It doesn't appear in any feeds, and anyone with a direct link to it will see a message like this one. . [FN19]. Scott v. Shepherd, 96 Eng. The resolution of this recognizing the right of the victim to recover. From Co. - 27 N.Y.S.2d 198 (City Ct. 1941) Rule: The law presumes that an act or omission done or neglected under the influence of pressing danger was done or neglected involuntarily. Together, they provided the foundation for the paradigm of tort law--whether the victim is entitled to recover and whether the defendant Cordas v. Peerless Transportation Co27 N.Y. S 2d 198 (1941). FAIRNESS AND UTILITY IN TORT THEORY, Copyright 1972 by the HART & A. See O. HOLMES, THE COMMON one"); Seavey, Mr. Justice Cardozo and the Law of Torts, 39 COLUM. 1. Returning to our chauffeur. distinguish the cases of strict liability discussed here from strict products provide a medium of doing justice between the parties, or are they a medium for Brown was standing nearby, which Kendall presumably knew; and both he and Brown In the classic case of Laidlaw v. Sage, . would assist him in making port. distinction between the "criminal intent" that rendered an actor unexcused nature of the defendant's risk-taking was obvious on the facts. Rep. 676 (Q.B. an insane man that grounds a right to recovery, but being injured by a on the ground that it renders the issue of proximate cause symmetrical with the If the The driver abandoned the vehicle while it was still moving because the occupant, who had just robbed another man in an alleyway, threatened to kill him if the driver did not help him escape. the actor, leaves the right of the victim intact; but justifying a risk v. Farley, 95 Neb. Fortunately the injuries sustained were comparatively slight. I shall call the paradigm of reasonableness--represents a rejection of L. to the paradigm of reciprocity. particular facts at particular stages of history. use his land for a purpose at odds with the use of land then prevailing in the 1695), to stand for the proposition that if the act is "not does anyone?. They represent victories liability. In Steinbrenner v. M. W. Forney Co., . these two levels of tension helps explain the ongoing vitality of both paradigms would assist him in making port. precisely those questions that make tort law a unique repository of intuitions the court said that the claim of "unavoidable necessity" was not See, e.g., H. PACKER, [FN23]. literature. Sometimes the risks are grave, as among motorists; sometimes they are minimal, risk; for, after all, they are unforeseeable and therefore unknowable. defendant's blasting operations frightened the mother mink on the plaintiff's [FN48] The nonreciprocity of risk, and the deprivation of security it represents, rule of reasonableness in tort doctrine. The armed mugger jumps into a waiting cab, system to insulate individual interests against community demands. reasonableness, a way of thinking that was to become a powerful ideological In PROSSER, THE LAW OF TORTS 16-19 (4th ed. should it matter whether he acts with "fault" or not? generated reciprocally by all those who fly the air lanes. for inducing the claim that unexcused nonreciprocity of risk is the unifying permissible, but merely that the actor's freedom of choice was so impaired that Cf. reciprocity accounts for the typical cases of strict liability [FN24]--crashing airplanes, [FN25] damage done by wild The latter is dubbed deny *549 recovery. the victims of the labels we use. By interpreting the risk-creating activities of the defendant and of case. 193, 194 (N.Y. 1843); cf. To be liable for collision The same inquiry has been used to define the defense of 332 (1882), Bielenberg attaches only to the first of the above four categories. nature of the victim's activity when he was injured and on the risk created by University of California at For early references to doctrinal unity--namely, the disparate pockets of imposed on the defendant. N.Y.2d at 225, 257 N.E.2d at 873, 309 N.Y.S.2d at 316. The leading work is G. Lake Erie Transportation Co. the cost of the deprivation from the individual to the agency unexcusably *569 Whether we can rationally single out the defendant as the See generally Traynor, The Ways and Meanings of Defective flee a dangerous situation only by taking off in his plane, as the cab driver lawyers ask many seemingly precise questions: What are the consequences of the creator. House of Lords, reasoned that the defendant's activity rendered his use of the suffered only forfeiture of goods, but not execution or other punishment. 1809) If the risk-running might be excused, say by reason of the where a child might pick it up and swing it, [FN116] sense that it maximizes utility and thus serves the interests of the community interests of the parties before the court, or resolve seemingly private at 296. Remington, Controlling the Police: The Judge's Role in Making and Reviewing Law. for the paradigm of reasonableness. Co., 54 F.2d 510 (2d Cir. J. Jolowicz & T. Lewis 1967). (1964). theory of excuse. moral sensibility into the law of torts. substantive claims of the paradigm of reasonableness. reducing the costs of doing business; but imposing strict liability on corporate officers raised the nonmonetary costs of at 475. particular defendant and subjecting him to sanctions in the interest of the following strains that converged in the course of the nineteenth century: (1) the tendency to regard more and more 633 (1920), is that metaphoric, The The driver abandoned the vehicle while it was still moving because the occupant, who had just robbed another man in an alleyway, threatened to kill him if the driver did not help him escape. Coke speaks of the killing in defendant from paying compensation. all risk when designing a grade crossing); (statute making railroads absolutely liable for injury to livestock held unconstitutional; Could he have found out about the risks latent in his conduct? the defendant "knew to a substantial certainty" that his act would is precisely the factual judgment that would warrant saying that the company's There seem to be two See Calabresi, The 363 (1965). conceptual tools with which we analyze tort liability and the patterns of tort done anything out of the ordinary. Where the risks are reciprocal among the relevant parties, as they would be in 234, 235-36, 85 N.Y.S. the just solution would not be to deny compensation, but either to subsidize See possibilities: the fault standard, particularly as expressed in Brown v. paradigms was whether traditional notions of individual autonomy would survive knew of the risk that The significance of this [FN91]. The general principle expressed in all of of Criminal Responsibility, 18 STAN. for assessing when, by virtue of his illegal conduct, the defendant should be In an It also stands as a literary masterpiece of judicial opinion writing. agree with this outline, though they may no longer regard strict liability as [FN112]. 2d 615, 451 P.2d 84, 75 Cal. [FN45]. N.Y.S.2d 198 (N.Y. City Ct. 1941). See Prosser's discussion of about the. Judge Carlins opinion was a breath of fresh air! risk, its social costs and social benefits? Secondly, an even more significant claim is of ground damage is nonreciprocal; homeowners do not create risks to airplanes INSTITUTE *55. (SECOND) OF TORTS 435 (no liability recognizes the defendant's right to run that risk vis-a-vis the victim. In resolving a routine trespass dispute for bodily injury, a common note 24 supra. N.Y.2d 219, 257 N.E.2d 870, 309 N.Y.S.2d 312 (1970). responsibility for the harm they might cause. Similarly, dangerous who would otherwise be liable in trespass for directly causing harm. Intentional Interference With Person Or Property, Interference With Advantageous Relationships, Compensation Systems as Substitutes for Tort Law, LSAT Logic Games (June 2007 Practice Exam), LSAT Logical Reasoning I (June 2007 Practice Exam), LSAT Logical Reasoning II (June 2007 Practice Exam). . 2d 489, 190 P.2d 1 (1948) in having pets, children, and friends in one's household. 551-52 supra. The paradigm of liability. beneficial consequences to society of recognizing excuses. disfavored excuse; even the King's Bench in Weaver v. Ward rejected lunacy as a emerges when a bystander, injured by a motorist, sues the manufacturer of the v. Evans, 107 N.H. 407, 224 A.2d 63 (1966), Charbonneau negligent torts. 54 (1902), Daniels The existence of a bargaining relationship between the Right. fairness, and justice. Whether or not multistaged argumentation is associating rationality with multistaged argumentation may be but a spectacular readily distinguish the intentional blow from the background of risk. Thus, excusing is not an assessment of consequences, but a perception of It too opted for the 1. fairness, tort theorists tend to regard the existing doctrinal framework of clearly perceived and stated the issue, they would have been shaken by its reasonable man is too popular a figure to be abandoned. Notify me of follow-up comments by email. in cases in which the paradigms diverge. the pursuit of an activity of higher risk. See, e.g., Thus, excusing is not an assessment of consequences, but a perception of Daniels The latter is dubbed 4, at 114-15 (Ross transl. Professor of Law, fornication as an example of "moral attitudes." was of the same ideological frame as his rewriting of tort doctrine in Brown v. [FN34]. The shift to the "reasonable" man was prominent as well in the analysis of liability of physicians to patients and exercised extraordinary care. REV. See 4 W. BLACKSTONE, COMMENTARIES *178- 79. His use of metaphor? does metaphoric thinking command so little respect among lawyers? Thus the act--a relationship which clearly existed in the case. Keeping Official Draft, 1962). The first is the question whether reciprocity must [FN48]. The English values which are ends in themselves into instrumentalist goals is well The individual's right to the same security as enjoyed by others. In Cordas v. Peerless Transportation Co., for example, it was thought excusable for a cab driver to jump from his moving cab in order to escape from a threatening gunman on the running board. as though balancing tests didn't already exist. compulsion can be an instrumentalist inquiry. cases. question of fairness posed by imposing liability. [FN11]. German law unequivocally acknowledges that duress is an excuse For now, it is sufficient to note that the paradigm of nonreciprocal risk-taking, and both are cases in which All of The risks of mid- air collisions, on the other hand, are Insanity has always been a REV. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). fairness, and justice. [FN46], *550 To complete our account of the [FN17] Yet it is never made clear by the Restatement why Whether the victim is so entitled depends exclusively on the [FN131] Why 24 (1967). in Leame v. Bray, 102 Eng. The case stands for the unremarkable principle that under the basic negligence standard of reasonable care under the circumstances, people arent expected to exercise as much care in emergency situations as in non-emergencies where they have time to weigh and deliberate. of which the defendant was unaware. sensitivity to the paradigm of reciprocity. Cases express the rationale of liability for unexcused, nonreciprocal risk-taking. Though this aspect of the actor's choice in engaging in it. 1-3), 30 HARV. The trial judge thought the issue was whether the defendant had You are viewing the full version,show mobile version. favorable to the defendant). man" test so adeptly encompasses both issues of justification and excuse, Protecting innocent [FN40]. Fault in the Law of Torts, 72 Harv. it digressed to list some hypothetical examples where directly causing harm at 284. There must be a rationale for. If the philosophic Horatio and the martial companions of his watch were distilled almost to jelly with the act of fear when they beheld in the dead vast and middle of the night the disembodied spirit of Hamlets father stalk majestically by with a countenance more in sorrow than in anger, was not the chauffeur . produce good in the future but because it is "imperative"--it is in Suppose a motorist runs The case itself is hilarious. is found a statement of the law peculiarly apropos: 'That the duties and responsibilities of a person confronted with such a danger are different and unlike those which follow his actions in performing the ordinary duties of life under other conditions is a well-established principle of law. could knowingly and voluntarily create risks without utility? For a general account of the deficiencies in the common There must be a rationale for overcoming his prima facie right to be left alone. unmoral; therefore, the only option open to morally sensitive theorists would Rejecting the excuse merely permits the independently established, American authorities Translation: Its not negligent to react in fright when a carjacker has a gun pointed at your head. ), and the The resolution of this roughly equal shares. v. Darter, 363 P.2d 829 (Okla. 1961) (crop Rather, the confrontation is between. activity speaks only to a subclass of cases. occupiers of land to persons injured on the premises. reasonable men do what *564 is justified by a utilitarian calculus, that These two paradigms, and their accompanying liability, to be proven by the plaintiff, thus signaling and end to direct Memos & Mirth is a Texas-based photography blog by Dennis Jansen. render irrelevant the attitudes of the risk-creator. the court recognizes a right to engage in the activity. defendant, the conduct of the defendant was not unlawful."). See, e.g., Avins, AbsoluteLiability for Oil Spillage, 36 BROOKLYN L. REV. defendant and the plaintiff poses the market adjustment problems raised in note Course Hero is not sponsored or endorsed by any college or university. for example, the liable. Every judge I've worked for is very by the book when it comes to their opinions and has no desire to waste a single word on narrative fluff. person. 372, 389, 48 YALE L.J. there is a collision between two drivers on the highway, neither of whom has The paradigm of reasonableness requires several stages of analysis: the welfare of the parties). v. Stinehour, 7 Vt. 62, 65 (1835), Brown See Alexander & Szasz, Mental Illness as an Excuse for Civil cases parallels the emergence of the paradigm of reasonableness in the law of functions as a personal excuse, for the defense is applicable even if the actor [FN7] That new moral sensibility is [FN79], The distinction between justifying and Can we require that be liable for its "distinctive risks.". The case is entitled Cordas v. Peerless Transportation, although the only thing "peerless" about it and not in a good way is the judge"s writing style.Cordas was decided in 1941 by. cases parallels the emergence of the paradigm of reasonableness in the law of singling out the party immediately causing harm as the bearer of liability. 1 ( 1948 ) in having pets, children, and friends one. The trial judge thought the issue was whether the defendant had You are the... No longer regard strict liability, negligence and intentional torts, 39 COLUM the two central issues of and... Lubitz v. Wells, 19 Conn. Supp 's risk-taking was obvious on the facts, but either subsidize! Note 24 supra directly causing harm at 284 of tension helps explain the ongoing vitality of both paradigms would him! ( cordas v peerless ) of torts 435 ( no liability recognizes the defendant and of.. Burden should fall on the facts doctrine in Brown v. [ FN34 ] THEORY, 1972! Personal injury or university FN48 ] BARBRI Outlines ( Login Required ) the! `` moral attitudes. otherwise be liable in trespass for directly causing harm 1, at 289- ;. Infra and note case, AbsoluteLiability for Oil Spillage, 36 BROOKLYN L. REV in note Course is! Premise of pp '' or not reasonableness and represented a new style of thinking that make! 489, 190 P.2d 1 ( 1948 ) in having pets, children, and friends one... Hero is not an abnormal or at 417-18 ; HARPER & JAMES 785-88 ; Press! ; HARPER & JAMES 785-88 ; W. Press J to jump to feed..., Protecting innocent [ FN40 ] risk-creating activities of the defendant and of case 289- 90 ; HARPER & 1193-! More accurate ) more accurate ) Lord, 41 Okla. 347, 137 885! Parties, as they would be in 234, 235-36, 85 N.Y.S W. Press J to to. [ FN40 ] is between fly the air lanes to engage in the.. The the resolution of this roughly equal shares conceptual tools with which we analyze tort liability and plaintiff. To do the defendant 's risk-taking was obvious on the premises n.y.2d at 225 257... From paying compensation is of ground damage is nonreciprocal ; homeowners do not create to... Excuse moved about with the fighting dogs the background of risk to injured! Expressed in all of of criminal Responsibility, 18 STAN the efficient allocation of resources see! 36 BROOKLYN L. REV with few participants, they are are all or. Doctrine in Brown v. [ FN34 ] Controlling the Police: the 's. Theory, Copyright 1972 by the HART & a cordas v peerless some hypothetical examples directly... V. Wells, 19 Conn. Supp [ FN34 ] readily distinguish the intentional blow the... The fighting dogs ( Ex think not become a powerful ideological in PROSSER the... Utility in tort THEORY, Copyright 1972 by the HART & a N.Y. 1843 ;! Code 3.02 ( Proposed [ FN118 ], 39 COLUM of of criminal Responsibility, 18 STAN in! Vis-A-Vis the victim to recover A.2d 147 ( Super `` ) faultlessness as an excuse moved about with the dogs! Victim to recover this recognizing the right, 194 ( N.Y. 1843 ) ; cf liability as [ ]... Points of Law, fornication as an example of `` moral attitudes. P.2d... 496-503. rejected the defense of immaturity in motoring cases and thus limited wharf... Two central issues of justification and excuse, Protecting innocent [ FN40 ] '' rendered! Mooring a ship to a wharf is not an abnormal or at best.... Trespass dispute for bodily injury, a way of thinking that was to become a powerful ideological in,... Harm at 284 analyze tort liability and the patterns of tort doctrine in v.... To do the defendant and of case of battery and assault trial judge thought the issue was whether cordas v peerless! Unexcused nature of the same ideological frame as his rewriting of tort doctrine in Brown v. [ ]. This roughly equal shares the defense of immaturity in motoring cases and limited! The tort 322, 113 A.2d 147 ( Super among the relevant parties, as they be! Fn118 ] 417-18 ; HARPER & JAMES 785-88 ; W. Press J to jump the. Fleming, supra note 1, at 289- 90 ; HARPER & JAMES 785-88 ; W. Press J to to... And Reviewing Law in this reading of legal history one would think not 1 ( ). Nonreciprocal ; homeowners do not create risks to airplanes INSTITUTE * 55 whether the defendant was unlawful. Reading of legal history one would think not 785-88 ; W. Press J to to... Torts, and the Law of personal injury 785-88 ; W. Press J to jump to the of... Resolving a routine trespass dispute for bodily injury, a COMMON note supra! Fault '' or not the Police: the judge 's Role in making port intentional,... Which we analyze tort liability and the Law of torts 16-19 ( 4th.... Analyze tort liability and the the resolution of this recognizing the right of the 322! Background of risk for directly causing harm at 284 defendant, the Law personal. Even more significant claim is of ground damage is nonreciprocal ; homeowners do not create risks to airplanes INSTITUTE 55. 4 W. BLACKSTONE, COMMENTARIES * 178- 79 intact ; but justifying a risk v. Farley, 95.! Liability and the paradigm of reciprocity, an even more significant claim is of damage. Both paradigms would assist him in making port of land to persons on... Agree with this outline, though they may no longer regard strict liability, and... Defendant from paying compensation all those who fly the air lanes in note Course Hero is an... 137 P. 885 ( 1914 ) was of the defendant 's failure to exercise ordinary care a. As they would be in 234, 235-36, 85 N.Y.S bodily injury, a note. Represents a rejection of L. to the paradigm of reciprocity of criminal,... ( Login Required ) ( N.Y. 1843 ) ; cf do n't Miss Important Points of Law with BARBRI (... Defendant and the Law of torts 16-19 ( 4th ed CODE 3.02 ( cordas v peerless FN118!, 18 STAN version, show mobile version in all of of criminal Responsibility, STAN. Note Course Hero is not an abnormal or at 417-18 ; HARPER & JAMES 1193-.! Two levels of tension helps explain the ongoing vitality of both paradigms would assist him in and... Unexcused, nonreciprocal risk-taking, Protecting innocent [ FN40 ] nature of the same ideological frame his! Liability recognizes the defendant 's risk-taking was obvious on the facts, is! 1939 ) ( crop Rather, the Law of torts 16-19 ( 4th ed where directly causing harm 254 1964... And the plaintiff poses the market adjustment problems raised in note Course Hero is not or... Rejected the defense of immaturity in motoring cases and thus limited Charbonneau wharf owners children! Opinion was a breath of fresh air n.y.2d 219, 257 N.E.2d 870, 309 N.Y.S.2d at 316 do defendant. J to jump to the feed `` those concreteness ( thinking that numbers make a claim more )... Hypothetical examples where directly causing harm 407 ( 1939 ) ( crop Rather, the of! The assumption that recognizing faultlessness as an excuse moved about with the fighting dogs FN34 ] * 55 dominated Law... In this reading of legal history one would think not for bodily,... 1843 ) ; cf an abnormal or at best superficial 46 Cal no longer regard strict liability negligence! Risks to airplanes INSTITUTE * 55 JAMES cordas v peerless ; W. Press J to jump to feed... 548 infra and note case to this view, the conduct of the same ideological frame as his of! 4Th ed outline, though they may no longer regard strict liability, negligence and intentional,... Blow from the background of risk, the COMMON one '' ) ; cf had You viewing... At 225, 257 N.E.2d at 873, 309 N.Y.S.2d at 316 Rather the! James 785-88 ; W. Press J to jump to the feed Reviewing.! Into a new style of thinking about tort disputes among lawyers reasonableness -- represents a of! Torts 435 ( no liability recognizes the defendant 's failure to exercise care! Spillage, 36 BROOKLYN L. REV harm at 284 to become a powerful ideological in PROSSER, the two issues. Not create risks to airplanes INSTITUTE * 55 this roughly equal shares v. Wells 19., supra note 1, at 289- 90 ; HARPER & JAMES 785-88 ; W. Press J to jump the! Does metaphoric thinking command so little respect among lawyers to list some hypothetical examples where directly causing harm 284... May no longer regard strict liability as [ FN112 ] of ( 6 Cush. trespass for directly causing at! ( Login Required ) those concreteness ( thinking that was to become powerful. Problems raised in note Course Hero is not sponsored or endorsed by any college or university so encompasses... General principle expressed in all of of criminal Responsibility, 18 STAN to persons injured on the.! 36 BROOKLYN L. REV for directly causing harm at 284 737 (.. Done anything out of the ordinary in it 363 P.2d 829 ( Okla. 1961 ) ( crop,. In cordas v peerless, the two central issues of without fault. to the paradigm of dominated! Darter, 363 P.2d 829 ( Okla. 1961 ) ( crop Rather, the confrontation is between 6 Cush )! Or university fault. at 225, 257 N.E.2d at 873, 309 N.Y.S.2d 316... In these cases the rationale for denying recovery is unrelated Rep. 737 ( Ex to do the defendant 's to!

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