Philosophical formalists have suggested that the wrong is a more specific one: It is the wrong of using another person’s means, what belongs to them, without their consent.298 But neither ordinary moral thought nor the rest of tort law appears to suppose that unforeseeably using another person’s means exposes a defendant to compensatory liability. Suppose a defendant is camping in a forest, and he burns some large logs, lying on the ground, for a campfire. Unforeseeably, the logs are persons whose bodies have been masterfully disguised by a villain. Neither battery, nor negligence, nor any other tort would provide a cause of action against the defendant; the battery claim would fail because the defendant has not intended to contact the person of another.299 The absence of any such action comports with the common moral intuition that such utterly unforeseeable harm lies beyond the scope of “how far the responsibility of [a] defendant ought fairly to extend.”300
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