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The lasting significance of Cardozo’s opinion rests less on its conclusion, however, than on its claims about the nature of the negligence tort and the law of torts more generally — claims that have proved highly influential in common law courts as well as in the legal academy.13 In virtually all legal systems, including civil law jurisdictions such as Germany and Italy, courts refuse to impose negligence liability for utterly unforeseeable injuries, such as the improbable injury suffered by Mrs. Palsgraf.14 But Cardozo’s opinion vigorously asserted an even more basic obstacle to her recovery than the unforeseeability of her injury. If a plaintiff is unforeseeable to a defendant, the opinion maintains, then the defendant cannot treat her wrongfully — the defendant cannot breach any duty owed to her, cannot commit a wrong against her as opposed to other people (or society at large).15 In tort law, Cardozo insisted, a plaintiff can only sue “for a wrong personal to her, and not as the vicarious beneficiary of a breach of duty to another.”16
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