These courts tend to frame the duty analysis in nakedly instrumental terms, as a matter of “whether the social benefits of imposing a duty outweigh the social costs of imposing a duty.”228 Defenders of the Palsgraf perspective are not amenable to this mode of analysis;229 after all, much of the early impetus for the Palsgraf perspective’s development was its aversion to collapsing duty analysis into a “blunderbuss” judicial weighing of social costs and benefits.230 Rather than reverse engineering conclusions about the duty of care by way of instrumental calculations about liability, defenders of the Palsgraf perspective believe that judges should closely examine the existing legal materials and the customary moral norms that they embody in order to discern whether those materials and norms are best understood to recognize that the defendant owes the plaintiff a duty.231 Conclusions about duty, so reached, should drive conclusions about liability rather than vice versa.
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#5. Don’t always default to chatObviously, chat is the de-facto UI paradigm for LLMs and generative AI. However, in our RCA case, it would be silly to force a user to go to some chat UI and asked Rocky “please analyse this failing check”. We can ask that question for the user, even when they are sleeping and just ship the initial analysis to their inbox. Chat can be a follow up.
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