Even if the physical harm looks identical, the legal consequences can differ according to who caused it. Injury by the pledgor requires compensation for the creditor’s secured interest. Injury by the pledgee can reduce the pledgee’s own claim against the debtor.
The correct sequence is to identify the actor, the protected interest impaired, and the means by which the loss is accounted for.
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Why responsibility depends on who caused the damage
Kitab al-Rahn: Manumission, Destruction and Liability for Injury
Even if the physical harm looks identical, the legal consequences can differ according to who caused it. Injury by the pledgor requires compensation for the creditor’s secured interest. Injury by the pledgee can reduce the pledgee’s own claim against the debtor.
The correct sequence is to identify the actor, the protected interest impaired, and the means by which the loss is accounted for.