Suppose Jacopo is aware that if he races to his office in his Hummer he is very likely to destroy a car parked by the side of the road, and that one of the many cars parked by the road belongs to him.311 Jacopo chooses to race in order to close a lucrative business deal. The odds that he might hit a car are high, but the odds that the car will belong to him are low, such that Jacopo’s expected benefit from wrongfully speeding down the road outweighs the expected cost to him of doing so. Jacopo does, unluckily, hit the car that belongs to him. It is Jacopo’s negligence toward all relevant parties that will properly diminish his recovery against whoever negligently parked his car by the side of the road. Since the action is perfectly in his rational self-interest, Jacopo cannot plausibly be said to behave negligently toward himself.
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