proximate cause
Mrs. Palsgraf, Meet Enviromental Law
A case involving a freakish accident with fireworks casts a big shadow in environmental law.
Today in my first-year Torts class, I teach the Palsgraf case, one of those cases that every lawyer knows by heart. More about Palsgraf in a moment. It’s a tort case, so it won’t surprise you that oil companies use similar arguments against having to pay damages for climate change. But it may be more …
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CONTINUE READINGThe Anthropocene and private law
Areas such as torts and property will face significant challenges
I’ve posted about how the Anthropocene will see major changes in how humans affect our planet, and how those changes will have major impacts on human society, triggering substantially larger interventions by the legal system in a wide range of individual behavior. In this post, I want to spin out some of the implications of …
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CONTINUE READINGThe Long Environmental Shadow of Palsgraf
Palsgraf is a case known to every American law student. It involves a bizarre accident: a train employee negligently caused a passenger to drop his bag, which contained fireworks, which went off, which caused freight scales at the other end of the platform to fall over, which hit Mrs. Palsgraf and caused her emotional distress. …
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