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The most plausible explanation instead rests on the way that the common law has called upon tort law to protect property. Property torts such as trespass and conversion serve remedial purposes that have little to do with any compensatory moral liability incurred by the defendant — purposes such as settling disputes to title302 and allowing for the recovery of property that has fallen into a defendant’s hands (however innocent).303 These noncompensatory remedial purposes are facilitated by defining the scope of the actions for trespass and conversion entirely in terms of the plaintiff’s property right, rather than anything about the defendant.304 “You have encroached on land that is in fact mine” is a pleading more suited to settling title than “you have encroached on land that you should reasonably have foreseen might belong to another person, such as me.”
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货物发生海上保险事故后,认为实际全损已经不可避免,或者为避免发生实际全损所需支付的费用与继续将货物运抵目的地的费用之和超过保险价值的,为推定全损。