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Insanity as a Tort Defence

Abstract:
Unlike the criminal law, tort law does not recognize insanity as an answer to liability. The fact that a defendant was insane at the time of his impugned conduct is essentially ignored by tort law's liability rules. It will be argued that this situation is unsatisfactory. A person should not incur liability in tort in respect of acts committed while insane. This result should be realized by providing for a generally applicable affirmative defence of insanity.
Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ojls/gqr026

Authors


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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author
Publisher:
Oxford University Press
Journal:
Oxford Journal of Legal Studies More from this journal
Volume:
31
Issue:
4
Pages:
727-754
Publication date:
2011-10-28
Acceptance date:
2011-01-01
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
Keywords:
Pubs id:
pubs:478562
UUID:
uuid:f9a950b6-308c-4294-9fb4-e3b2c310b0fd
Local pid:
pubs:478562
Source identifiers:
478562
Deposit date:
2014-08-17

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