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To be sure, courts sometimes stipulate that “rescuers always should be regarded as foreseeable plaintiffs,”329 such that imperiling one person is always a breach of duty not only toward him but toward his rescuer as well. But the perfectly conclusive and categorical character of this stipulation suggests that it is a semifictive legal construction, by which the law supplies a recovery that is often motivated on other grounds. What those grounds might be is a question that lies outside the scope of this Article. The point is that here, again, the law fictionally deforms the relational structure of the legal duty of care in order to enforce a species of compensatory moral liability that does not actually rest on the defendant’s breach of any duty to be careful toward the plaintiff. The same is true, I have argued, in the heartland of negligence and battery: The law uses a relational formal structure (including a relational duty of care) to enforce non-relational moral principles, such as CFD*, about responsibility for rights infringement.
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