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The plaintiff does figure in civil law analysis, but in a much more restricted fashion: The foreseeable consequence that the defendant causes, in a morally responsible manner, must infringe some right held by the plaintiff. Merely causing a loss to the plaintiff — even wrongfully and foreseeably — does not generate any compensatory liability toward her.90 Suppose, for example, that A negligently and foreseeably kills a rare and endangered sort of wild animal, thereby preempting B’s attempt to capture and exhibit this animal for profit in her zoo.91 If B had owned the animal, she would of course be entitled to compensation from A, for his killing of the animal would have infringed her property right. Because B has no such right, she is not entitled to compensation from A for the economic loss she suffers as a result of his action.92 Or suppose that A’s chattel falls onto the land of B, who innocently believes that the chattel belongs to her and plans to use it for her own gain. A is able to enter B’s land in a timely manner to regain the chattel,93 but doing so will (as a side effect) unavoidably destroy the property of another innocent party, C. If A recaptures the chattel nevertheless, A is liable to compensate C, but A is not liable to compensate B. That is for the simple reason that A’s action, however wrongful and culpable, did not infringe any property right (or right of another kind) held by B. Even if he deprives her of a gain she would have enjoyed without his wrongful action, she had no right to that gain, and thus, he is not liable to compensate her for it.
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Фото: Илья Питалев / РИА Новости。业内人士推荐whatsapp作为进阶阅读
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