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According to your statement, with witnesses at my dinner party, I could take you to Small Claims Court, and sue you for the damages; since you stated "you were responsible". Not a very smart thing to say with witnesses there. The first thing your Insurance Company tells you involving any accident, is not to admit "fault". This then makes you liable, when indeed, you were not. Care to cite that by Law yet
~ Everyone is gifted - but some people never open their package ~ ~ You were born an original. Don't die a copy. ~ ~People only see what they are prepared to see.~ |
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| 07-12-2012, 12:24 PM | |
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Here is an example: You are on a subway. The person in front of you is holding a painting. Assume it is a painting worth $100M. The subway is full and it is cramped. You sneeze and our elbow gently hits the painting. The painting is damaged and it cost $1M to be repaired. So here we have an open and shut case of causation based on physics principles. You sneezed. Your arm moved and hit the pairing. The painting is damaged. Therefore there is no question that you cased the damage. So are you legally or even ethically responsible for this damage? So we are back to reasonable care. Unless you can prove that a person has been reckless and has not practiced readable care, that person is not responsible for any damages that he might have "caused". |
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If pressed, I guess though, I'd say I violated the natural law that you have to your person and your property. While certianly on intentional, my actions directly deprived you of your property, and as a result I would be obligated to make you 'whole'.
I would question whether or not it is reasonable to enter a public subway with something so fragile the slightest wif would cause millions in damage. |
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I would contend that your understanding or contention as to what constitutes reasonable is out of whack. But maybe you have the same feeling about mine. ![]() As an example, I think the SD community is more on my side than yours. You agree? |
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Your example not only does the 3rd party not take possession, but I hardly think that the owner of the good was taking what anyone would describe as responsible and reasonable care. |
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