a.Conduct of D’s guard, if a wrong in its relation to the holder of the package was not a wrong in its relation to the P standing far away. Relatively to her it as not neg- Prof “so wat? Why does this mean P loses?2.Neg P cant “piggyback” on D’s carelessness toward another, differently situated persona.P sues in her own right for wrong person to her and not as vicarious beneficiary of a breach to anotherSource of Relationality req? Sueing for breach of duty owed to himself? 2.Petitions of the Kinsman Transit Co. (US 1965) -responsible for full extent of breach of duty Ship breaking lose b/c of improperly constructed “deadman” & colliding with bridge and surrounding property causing block in river. D= Continental one who installed and maintained deadman. P= property owners with dmg from collision of bridgeRule:(Friendly majority) Where the damages resulted from the same physical forces whose existence required the exercise of greater care than was displayed and were of the same general sort that was expectable, unforeseeability of the exact developments and of the extent of the loss will not limit liability (two ships and city held jointly liable for property damages) What should continental have to pay for????
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- Fall '08
- Tort Law