LAWG 100D2 Lecture Notes - Lecture 5: Benjamin N. Cardozo, Commencement Speech, Features Of The Marvel Universe

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Lirr = defendant (guards = they were negligent found at trial: so at the trial the railroad was found negligent for the fault of the. Fault (on the part of the guard) Palsgraf = it is the most reproduced american law case around the world, Australian and canadian law students are reading this case. It holds two approaches of the scope of liability, like the quebec civil and the anglo canadian common law tradition: duty of care in the tort of negligence. Life will have to be made over, and human nature transformed, before prevision so extravagant can be accepted as the norm of conduct, the customary standard to which behaviour must conform . The wrongdoer as to them is the man who carries the bomb, not the one who explodes it without suspicion of the danger: different relations that he says would give rise to negligence.

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