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Question
Take the fact-pattern of Palsgraf. Judge Cardozo found that the Railroad company should not be liable to the plaintiff. Why not? Was there a problem in determining that they caused her damage (what sort of causation, if so)? Articulate the majority's reasoning from the perspective of the Instrumentalist and from the perspective of the Corrective Justice theorist. Which, if any, do you find more persuasive? Why?
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Transcribed Image Text:Take the fact-pattern of Palsgraf. Judge Cardozo found that the Railroad company should not be liable to the plaintiff. Why not? Was there a problem in determining that they caused her damage (what sort of causation, if so)? Articulate the majority's reasoning from the perspective of the Instrumentalist and from the perspective of the Corrective Justice theorist. Which, if any, do you find more persuasive? Why?
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