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Consider, first, a case in which a defendant is liable for negligently injuring an unforeseeable plaintiff. Suppose the defendant is conducting construction work near a building that appears to be owned solely by Alma, a local celebrity who is famously averse to litigation. To limit his legal risk, the defendant undertakes a laborious investigation of title — so laborious an investigation that it is fantastically improbable, once the investigation concludes, that anyone other than Alma owns the building. If against the odds there does exist another owner of the building, Bessie, and if the defendant foreseeably destroys the building through conducting his construction work carelessly, it seems clear that he is liable to compensate Bessie no less than Alma. That is true although Bessie is not a foreseeable victim, and the defendant has not (therefore) breached any duty to be careful toward her. Instead, the defendant’s liability to compensate Bessie rests on the fact that he has negligently and foreseeably risked causing a certain sort of unjust damage (that is, infringing a certain sort of right), this risk has materialized, and Bessie does in fact hold one of the rights thereby infringed.
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