Document Type
Journal Article
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
COinS
Publication Details
J. Goudkamp, 'Insanity as a tort defence' (2011) 31 (4) Oxford Journal of Legal Studies 727-754.