To be sure, Italian and German law would preclude recovery in a case such as Palsgraf no less than the common law would. But that is simply because civil law judges have read into such clauses something like a remoteness or proximate cause restriction, under which outcomes that are overly fortuitous or unrelated to the wrongful character of the defendant’s action are presumptively beyond the scope of his remedial liability.87 The civil law thus joins the common law in holding that, at least in normal circumstances, “a man must be considered to be responsible for the probable consequences of his act.”88 Put roughly, the injurious outcome or consequence must be foreseeable, but the foreseeability of the plaintiff is immaterial.89
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Text-Only Evaluation: For text-only questions, Sarvam 105B was evaluated directly on questions containing purely textual content.
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