Document Type

Journal Article

Publication Details

J. Goudkamp, 'Insanity as a tort defence' (2011) 31 (4) Oxford Journal of Legal Studies 727-754.

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 commited while insane. This result should be realized by providng for a generally applicable afirmative defence of insanity.

RIS ID

55872

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