Social Sciences
3 years ago

Legal loophole allows negligence to escape liability for consequential damages.

Deleted Journal
Principle, Pragmatism, and Policy in Determining the Scope of the Duty of Care and Extent of Liability for Consequences
Leo Pang

Paper Summary

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The article discusses two court cases about when someone can be held responsible for causing harm due to negligence. The judges disagreed on how to decide this. The article suggests that it's better to separate the issues of duty and liability. It also proposes two ways to determine if someone is responsible for a specific harm. Lastly, the article argues that considering policies can help decide if someone should be held accountable for their actions.