Олег Давыдов (Редактор отдела «Интернет и СМИ»)
On at least one plausible and common understanding of the common law’s history, therefore, that history may explain why we now have a duty of care in negligence with two faces. One face perspicuously discloses the substantively relational, special relationship–based ground of a certain sort of compensatory moral liability. The other face is a mask — a formal device in the nature of a fiction, invoked to enforce a sort of compensatory moral liability that is, in truth, grounded in moral principles of a different kind. And it is this second sort of liability that is at work in the heartland of tort, in Palsgraf and other cases of negligently inflicted damage to a plaintiff.
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Фото: Valentyn Ogirenko / Reuters
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