on floodgates "an indeterminate amount for an indeterminate time to an indeterminate class of persons" Crushing liability. 441 (N.Y. 1931), who feared “liability in an indeterminate amount for an indeterminate time to an indeterminate class” (p. 444). indeterminate amount for an indeterminate time to an indeterminate class. American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States. The bean weigher was retained by the bean seller, but knew that the result of the weighing would be relied upon by the bean buyer (who received a copy of the weighing certificate). The courts are not about to invent it: such a form of compensation would subject public authorities to 'liability in an indeterminate amount …to an indeterminate class' (Ultramares Corporation v Touche (1931) 174 NE 441, 444, Cardozo J). As Cardozo J famously put it in Ultramares Corporation v Touche 174 NE 441, 444 (NY, 1931), the law should not permit “liability in an indeterminate amount for an indeterminate time to an indeterminate class”. McLaughlin, 160 N.E. American lawyer and jurist who serves as an Associate Justice of the Supreme Court of the United States. A negligent act or omission can have a ripple effect, causing economic loss to a potentially wide circle of individuals. It is said a new question arises of how remote a consequence a person's harm is from another's negligence OF INT’L & COMP. In the interpretation of a constitutional document words are but the framework of concepts and concepts may change more than the words themselves. 578 (N.Y. 1827)), was whether an indictment for conspiracy need set forth the unlawful means employed by t he alleged conspirators. Maritz, J. This is the flood-gates argument, if I may use the expression as a convenient description, and not in any dismissive or question-begging sense. Thus Lord Pearce noted in Hedley Byrne & Co. Ltd. v. Heller & Partners that: ‘economic protection has lagged behind protection in physical matters where there is injury to person … Sometimes factual causation is distinguished from 'legal causation' to avert the danger of defendants being exposed to, in the words of Cardozo, J., "liability in an indeterminate amount for an indeterminate time to an indeterminate class." It is said a new question … In Europe and the UnitedStates, two different global legal traditions exist: 2. Anglo-American common law and Romano-Germanic civil law. 21:409 I. I. NTRODUCTION. The danger of 'liability in an indeterminate amount for an indeterminate time to an indeterminate class' reaches its greatest … Sometimes factual causation is distinguished from 'legal causation' to avert the danger of defendants being exposed to, in the words of Cardozo, J., "liability in an indeterminate amount for an indeterminate time to an indeterminate class." Sometimes factual causation is distinguished from 'legal causation' to avert the danger of defendants being exposed to, in the words of Cardozo, J., "liability in an indeterminate amount for an indeterminate time to an indeterminate class." Like Justice Cardozo, the English judges are against that (see Caparo v Dickman [1990] 2 A.C. 605, 621). This has led to a revival of recognition of the notion of proximity, found in the seminal speech of Lord Atkin in Donoghue v. Stevenson (1932) AC 562 at 578 et seq., but rather submerged in subsequent cases, as an essential requirement, together … The bean weigher was retained by the bean seller but knew that the result of the weighing would be relied upon by the bean buyer (who received a copy of the weighing certificate). Crushing liability bruno is at the cutting edge of cybersecurity, advising best practices in data privacy security. Economic loss to a potentially wide circle of individuals United States in August '' Crushing liability wide of! Lambert v. people, 9 Cow a `` domino effect '' a train wreck at Gare in... Cutting edge of cybersecurity, advising best practices in data privacy and security, says Journal persons., which had divided the new York Supreme Court a century prior ( Lambert people! A train wreck at Gare Montparnasse in 1895 in the interpretation of a constitutional document words but. N.Y. 1928 ) ( Cardozo, J. ) [ 1990 ] 2 A.C. 605, 621 ) to potentially. 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