9. Standards went up
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The interpretive task is to explain why, unlike battery or negligence, property torts such as trespass and conversion do impose liability for harm without any inquiry into fault or foreseeability. As judges have recognized, dispensing with any such inquiry can offend against “notions of ‘elemental justice.’”301 For example, if in the preceding hypothetical the defendant had burned a log of wood that unforeseeably belonged to the plaintiff, rather than an apparent log of wood that unforeseeably constituted the plaintiff’s body, the law would hold the defendant liable. Rather than conjuring up a strained sort of moral wrong to supply the explanation of this starkly counterintuitive position, the better view is that the explanation does not sound in wrongdoing or responsibility at all.
rcli Interactive TUI (push-to-talk + text + trace)