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That proximate cause determinations are sensitive to a defendant’s holistic culpability is readily intelligible if the law is implementing a moral principle such as CFD*. Predicating liability for punitive damages on holistic culpability coheres naturally with this position as well (although any sustained treatment of punitive damages is beyond the scope of this Article). These phenomena are much harder to square with the Palsgraf perspective. If a court must determine whether a defendant is liable to a plaintiff at all by asking only whether he has mistreated her (as opposed to other people), why should it be proper for the court to determine the scope and magnitude of the defendant’s liability by looking at his mistreatment of the plaintiff among other people?
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skills that other people seem to find challenging.
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