\advance\count190 by 1
645 SIGMA 0x8200 OR DLY IN+D ; SIGMA = 0xE200 (V86 access rights)
,详情可参考新收录的资料
Consider, first, a case in which a defendant is liable for negligently injuring an unforeseeable plaintiff. Suppose the defendant is conducting construction work near a building that appears to be owned solely by Alma, a local celebrity who is famously averse to litigation. To limit his legal risk, the defendant undertakes a laborious investigation of title — so laborious an investigation that it is fantastically improbable, once the investigation concludes, that anyone other than Alma owns the building. If against the odds there does exist another owner of the building, Bessie, and if the defendant foreseeably destroys the building through conducting his construction work carelessly, it seems clear that he is liable to compensate Bessie no less than Alma. That is true although Bessie is not a foreseeable victim, and the defendant has not (therefore) breached any duty to be careful toward her. Instead, the defendant’s liability to compensate Bessie rests on the fact that he has negligently and foreseeably risked causing a certain sort of unjust damage (that is, infringing a certain sort of right), this risk has materialized, and Bessie does in fact hold one of the rights thereby infringed.
然而,儘管評論者一致認為大約一半內容已落實,仍然有一半尚未實現,包括: