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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The survey, which polled 100 CEOs of large U.S. companies, found that 77% agreed with a statement that generative AI was overhyped over the past year, but also that its true disruptive potential over the next five to 10 years is likely to be under-hyped. It is a distinction that doesn’t much land in what Walsh called “the noise” of the broader conversation, which has oscillated between Silicon Valley triumphalism and doomsday predictions about mass unemployment. The CEOs that KPMG surveyed largely rejected both poles. What they are describing instead is something more structurally significant and harder to see coming: a gradual, then sudden, rewiring of how work gets done and who — or what — does it.
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