The symmetry test
To apply a symmetry test, write a sentence that describes the court decision, and then write another sentence that describes the opposite scenario. Check to see if both scenarios seem plausible.
1. Central of Georgia Ry. Co. (d) v. Price (p) (1898)
Situation: Because of the negligence of the railroad company, the plaintiff ends up at alternative lodgings instead of her intended lodgings.
| Court decision: | The RR does not pay plaintiff for damages suffered if there is a fire at her alternative lodgings. | |
| Symmetry | Plaintiff does not pay the RR for damages avoided if there is a fire at her intended lodgings. | |
Does the symmetry test yield sensible results?
2. Palsgraf v. Long Island Railroad Company (1928)
Because of the negligence of the railroad company, an explosion occurs which leads to injuries to the plaintiff.
| Court decision: | The RR does not pay for unexpected damages that do occur. | |
| Symmetry | The RR ... | |
Does the symmetry test yield sensible results?