[throwaway426079]

Negligence doesn't work the way you describe with potential to be out of scope. It is a finding of fact: there was negligence or there was not. The law has a separate mechanism for situations that you might call 'out of scope' which is to award zero damages.

[anonymouskimmer]

I understand that. You were the one who chose "scope" as the word to use to describe this and I was just using your word in order to facilitate conversation between us.