Philosophy 2080 Lecture Notes - Lecture 2: Haemophilia, Truck Driver, Vicarious Liability
20 Nov 2017
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Fault in negligence: failing to recognize a foreseeable harm, there is no duty if harm is not foreseeable. Foreseeability: whether the kind of injury is foreseeable; the kind of harm must be forseeable. Example: a defendant strikes a person who is, unknown to the defendant, a hemophiliac. An otherwise minor blow to someone without this disease can have catastrophic consequences for the hemophiliac. If the contact was a typical (cid:498)pat on the back(cid:499) friendly gesture, then injury is not foreseeable. Case: palsgraf vs. long island r. co. : (package exploding onto platform) Refining the duty of care and clarifying the principal that a duty must be owed to the plaintif in a particular circumstance before liability will occur. Just because someone is injured doesn"t mean there is liability reasoning back to damages and causation. Facts: man was trying to get on a train as it was leaving so some employees pushed him on.
