PHIL 316 Lecture Notes - Lecture 15: Victims Family
5 Jul 2016
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Document Summary
Fletcher"s paradigm of reciprocity: do not impose non- reciprocal risks on others. If there is a differential in the amount of risk that we face because of my action, then i have breached my duty. Causality: without that breach of duty, the damages would not have happened. Proximity: proximate cause; the part at where we stop going back at that chain of breach and in which we assign the blame. Do not impose risks on other"s when the cost of avoiding the risk is less than the costs of the accident (damages x probability) Magnitude of damages x probability = cost of accident. If the burden of preventing the loss is greater than the magnitude of the loss times the probability of the loss, then we will not impose a duty. If the burden is less, then we will impose a liability. Closer to bentham"s idea of social utility (b > l*p) (b > l*p)
