PHIL 345 Lecture Notes - Lecture 3: Lightning, Rational Basis Review
13 Jul 2017
School
Department
Course
Professor
Document Summary
Strict liability: imposition of liability on a part without nding fault need only to prove tort occurred. defendants still responsible. Tort law: a body of rights, obligations and remedies applied by courts in cvivl proceedings to provide relief for persons who have su ered wrongdoing or wrongful acts of others (neglect: palsgraf v. long island railroad. Reworks explode, palsgraf argues that its negligence of guards on person as guards assisted the person. Why may ms. palsgraf have right to recover? bc main case has to do with scales, guards" negligence, can help her case but not impact the decision. Cardozo: the risk reasonably to be perceived de nes the duty to be obeyed, and risk imports relation; it is risk to another or to others within the range of apprehension . However, some acts are so destructive and dangerous that the actor is liable for unexpected consequences when the possibility would be known to the ordinarily prudent person.
