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It is not entirely clear how to understand Cardozo’s suggestion, but there is a plausible interpretation that comports with views that some defenders of the Palsgraf perspective have offered on his behalf.137 In many circumstances, a defendant who shoots a gun at person A should be aware that doing so could result in harm to some other person B, even if no other person appears to be on the scene. For there is a nontrivial chance that another person is in fact present, invisibly to the defendant’s eye, and shooting a gun is so dangerous an activity that it poses a nontrivial risk of injuring any such person. Thus, B can recover for her injuries, in such a case, on ordinary principles of negligence: By shooting his gun at A, the defendant foreseeably risks causing harm to persons such as B, such that the agent breaches a duty of care to B by shooting the gun without adequate justification. Characterizing the situation in this way allows B to recover for injuries sustained through an act wrongful as to her, without invoking any conceit about transferred intent.
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