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Legal Doctrine And Social Progress

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In such cases there is no moral blame or fault of any kind nor even knowledge of the specific circumstance that renders the act injurious but only a general knowledge that injury may result.
The key to legal liability. It is a rule of public policy that as between two innocent parties the one within whose sphere of activity or business the loss occurs and who is in the best position to prevent the loss, shall be held responsible for it. In some cases the law will even put a loss on one who has
...not even so close a relationship as that of employer to the wrong-doer. For example, A's vessel may be held to pay for a negligent collision although the ship was in the hands of an independent lessee. Here we have only the general knowl- edge on the part of A that the ship he owns and leases may cause injury by collision, etc. If B were to hire A's carriage or automobile and negligently collide with another vehicle, A's carriage could not be held for the damages. But in case of a ship in foreign waters it may EIGHTS AND WEONGS DETERMINE THE LAW 91 be difficult for the injured party to enforce his claim against anything but the ship.

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