чем больше я разбираюсь с позицией Кавано Поэтому, думаю, Горсач и отметил с радостью, что сей прецедент будет только в морских делах:
Indeed, the Court acknowledges that it has created its new standard in part because of the “solicitude for sailors” that is a unique feature of our maritime jurisdiction. Ante, at 9. All of this means, of course, that nothing in today’s opinion compels courts operating outside the maritime context to apply the test announced today.
И Ваши соображения он тоже не обошёл вниманием:
Consider what might follow if the Court’s standard were widely adopted in tort law. Would a company that sells smartphone cases have to warn about the risk of exposure to cell phone radiation? Would a car maker have to warn about the risks of improperly stored antifreeze? Would a manufacturer of flashlights have to warn about the risks associated with leaking batteries? Would a seller of hot dog buns have to warn about the health risks of consuming processed meat? [...] Tort law is supposed to be about aligning liability with responsibility, not mandating a social insurance policy in which everyone must pay for everyone else’s mistakes.
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timeasmymeasure
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Date: 2019-03-20 02:32 pm (UTC)Поэтому, думаю, Горсач и отметил с радостью, что сей прецедент будет только в морских делах:
Indeed, the Court acknowledges that it has created its new standard in part because of the “solicitude for sailors” that is a unique feature of our maritime jurisdiction. Ante, at 9. All of this means, of course, that nothing in today’s opinion compels courts operating outside the maritime context to apply the test announced today.
И Ваши соображения он тоже не обошёл вниманием:
Consider what might follow if the Court’s standard were widely adopted in tort law. Would a company that sells smartphone cases
have to warn about the risk of exposure to cell phone radiation? Would a car maker have to warn about the risks of improperly stored antifreeze? Would a manufacturer of flashlights have to warn about the risks associated with leaking batteries? Would a seller of hot dog buns have to warn about the health risks of consuming processed meat? [...] Tort law is supposed to be about aligning liability with responsibility, not mandating a social insurance policy in which everyone must pay for everyone else’s mistakes.