The derivative actions for wrongful death and loss of consortium are thus strong and pervasive counterexamples to the Palsgraf perspective, for they involve plaintiffs suing for injuries sustained through defendants acting wrongfully toward other people. It is surprising, then, that Cardozo does not deign to discuss wrongful death suits or loss of consortium actions at all in his opinion. Some defenders of the Palsgraf perspective follow suit, simply ignoring the threat to their view that such cases pose.214 But others, such as Goldberg and Zipursky, have heroically sought to ward off this threat. Their main argument is that — as infamously laid down by Lord Ellenborough in the early nineteenth-century English case Baker v. Bolton215 — the common law did not provide for wrongful death suits until legislative intervention forced it to.216 The ingenious claim is that reflection on wrongful death suits thus supports the Palsgraf perspective: Because predicating liability on a relational wrong to the plaintiff is so central a pillar of the common law’s architecture, a statutory wrecking ball was required to (partially) demolish it.217
Последние новости
。51吃瓜对此有专业解读
become important in the coming years is helpful.
Area of sky covered is = REAL FIELD OF VIEW
违反治安管理行为构成犯罪，应当依法追究刑事责任的，不得以治安管理处罚代替刑事处罚。