It does this in the domain [163] of wrongs described as
intentional, as systematically as in those styled unintentional
or negligent.
But while the law is thus continually adding to its specific
rules, it does not adopt the coarse and impolitic principle that
a man acts always at his peril. On the contrary, its concrete
rules, as well as the general questions addressed to the jury,
show that the defendant must have had at least a fair chance of
avoiding the infliction of harm before he becomes answerable for
such a consequence of his conduct. And it is certainly arguable
that even a fair chance to avoid bringing harm to pass is not
sufficient to throw upon a person the peril of his conduct,
unless, judged by average standards, he is also to blame for what
he does.
[164] LECTURE V.
THE BAILEE AT COMMON LAW.
So far the discussion has been confined to the general principles
of liability, and to the mode of ascertaining the point at which
a man begins to act at his own peril. But it does not matter to a
man whether he acts at his own peril or not, unless harm comes of
it, and there must always be some one within reach of the
consequences of the act before any harm can be done. Furthermore,
and more to the point, there are certain forms of harm which are
not likely to be suffered, and which can never be complained of
by any one except a person who stands in a particular relation to
the actor or to some other person or thing.
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