That is why kin are legally empowered to recover for the defendant’s foreseeable injuring of the primary victim, even if they are unforeseeable victims. Suppose that Amelia is a cop, who has been deep undercover in a drug syndicate for many decades. Ron, a member of the syndicate, spends virtually all of his time together with Amelia — and it is thus exceptionally improbable, on Ron’s evidence, that Amelia has any kin. If one day Ron negligently and foreseeably injures Amelia, he will still be liable to compensate her kin, both in morality and in tort.213 The common law recognizes and enforces their moral rights only indirectly — not in the form of any primary legal right held by the kin, but only by means of the derivative actions for wrongful death and loss of consortium — but it recognizes and enforces these rights all the same.
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